Title 30, Title 30

(1) The department and a county attorney have the same authority to enforce and carry out the provisions of this part as they have under Title 30, chapter 14, part 1. (2) All civil fines, costs, and fees received or recovered by the department pursuant to this section must be dep…

(1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced. (b) The records that must be kept for the 24-month period include: (i) all substantially different advertising, brochures, telemarketing scripts, and …

The following acts and practices are not subject to the provisions of this part: (1) telephone calls in which the sale of goods or services is not completed and payment or authorization of payment is not required until after a face-to-face sales presentation by the seller or tele…

Upon petition by the department, the district court may, in its discretion, order the dissolution, suspension, or forfeiture of franchise of any corporation which violates the terms of any injunction issued under 30-14-111.

(1) When contacting a consumer, a seller or telemarketer shall promptly disclose in a clear and conspicuous manner the following: (a) the identity of the seller or telemarketer; (b) that the purpose of the call is to sell goods or services; (c) the nature of the goods or services…

(1) It is a violation of this part for a seller or telemarketer, purposely or knowingly, to engage in the following conduct: (a) advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of the…

(1) It is an abusive telemarketing act or practice and a violation of this part for any seller or telemarketer to engage in the following conduct: (a) use threatening, intimidating, or profane or obscene language; (b) engage any person repeatedly or continuously with behavior a r…

(1) The sale of any goods or services by an unregistered seller or telemarketer that is required to register is void. A person obtaining a judgment for damages, attorney fees, or costs against a seller or telemarketer pursuant to this section has the right to be reimbursed for th…

(1) (a) A person who fails to follow the requirements of 30-14-1404, 30-14-1408, 30-14-1410, 30-14-1411, or 30-14-1412 commits the offense of failure to comply with the requirements of this part. Except as otherwise provided in 30-14-1411, this offense is specifically intended to…

(1) In addition to any fine that a person might be subject to under subsection (2), a person who violates the terms of an injunction or temporary restraining order issued under 30-14-111 shall forfeit and pay to the state a civil fine of not more than $10,000 for each violation. …

(1) (a) Except as provided in subsection (1)(c), all civil fines, settlement proceeds not otherwise designated for a specific use pursuant to court order, amounts awarded in judgments, costs, and fees received or recovered by the department pursuant to this part must be deposited…

(1) In addition to any civil penalty imposed pursuant to 30-14-142, a person who engages in a practice unlawful under 30-14-103 and whose conduct is perpetrated against a vulnerable adult is liable for an additional civil penalty not to exceed $10,000 for each violation if the co…

(1) As used in this section, the following definitions apply: (a) "Telephone facsimile machine" means equipment that has the capacity to: (i) transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line onto pa…

(Temporary) Prohibition against tiktok -- penalty -- enforcement -- definitions. (1) Tiktok may not operate within the territorial jurisdiction of Montana. An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana: (a) the…

(1) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of the material must be held liable if the entity fails to perform reasonable age verification methods t…

(1) (a) A financial institution may not require a firearms retailer in this state to use a firearms code that is different from that of a general transaction. (b) It is the intent of this section to prohibit a financial institution from mandating firearms retailers to adopt a fir…

As used in this part, the following definitions apply: (1) "Caller identification service" means a type of telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls. (2) "Department" means the department of justice provided for i…

A person or entity may not make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the department, in accordance with rules promulgated pursuant to 30-14-1603, of the residential subscriber's ob…

(1) The department shall provide for the operation of a database containing a list of names and telephone numbers of residential subscribers who object to receiving telephone solicitations. A residential subscriber may be listed in the database without cost to the subscriber. (2)…

(1) Any person or entity who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall, at the beginning of the call, state clearly the identity of the person or entity initiating the call. (2) A person or entity who makes a telephone …

(1) (a) The department or a county attorney may initiate proceedings relating to a knowing violation or threatened knowing violation of 30-14-1602 or 30-14-1604. (b) The proceedings may include a request for any of the following: (i) an injunction; (ii) a civil penalty up to a ma…

(1) There is a telephone solicitation no-call list administration account in the state special revenue fund for administration of this part by the department. (2) Revenue generated from fees collected from persons or entities obtaining access to the no-call list database and any …

As used in 30-14-165 and 30-14-166, unless the context clearly indicates otherwise, the following definitions apply: (1) "Solar buyer" means a person or entity who purchases or considers to purchase a solar energy system located on a residential property that is owned or leased. …

(1) A solar sales agent shall provide a customer with an explanation of the customer's recission rights written in all capital letters that includes space for the customer to initial a written acknowledgment of having read and understood the explanation that reads as follows: "YO…

The purpose of 30-14-1701 through 30-14-1705, 30-14-1712, and 30-14-1713 is to enhance the protection of individual privacy and to impede identity theft as prohibited by 45-6-332.

As used in 30-14-1701 through 30-14-1705, 30-14-1712, and 30-14-1713, unless the context requires otherwise, the following definitions apply: (1) (a) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or no…

A business shall take all reasonable steps to destroy or arrange for the destruction of a customer's records within its custody or control containing personal information that is no longer necessary to be retained by the business by shredding, erasing, or otherwise modifying the …

(1) Any person or business that conducts business in Montana and that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the data system following discovery or notification of the breach to any resident of Montana wh…

(1) Whenever the department has reason to believe that a person has violated this part and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary…

(1) An individual or business that, by means of a website, an electronic mail message, or otherwise through the internet, solicits, requests, or takes an action to induce another individual or business to provide personal information by purporting to be a third-party individual o…

(1) A business, including the owner of a website or the owner of a trademark, that is adversely affected by a violation of 30-14-1712(1) may bring an action to recover the greater of actual damages or $500,000. (2) An individual who is adversely affected by a violation of 30-14-1…

(1) An individual has property rights in their name, voice, and visual likeness, if the individual is: (a) a resident of this state; or (b) domiciled in this state at the time of their death. (2) Whether or not an individual commercially benefits during their lifetime, their righ…

(1) A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a credit card that lists an address that is different from the address on the offer or solicitation shall verify the change of address by c…

(1) A credit card issuer that receives a change of address request, other than for a correction of a typographical error, from a cardholder who orders a replacement credit card within 60 days before or after that request is received shall send to that cardholder a change of addre…

As used in 30-14-1726 through 30-14-1736, the following definitions apply: (1) "Consumer" means an individual, a parent or guardian in the case of a minor or of an incapacitated person as defined in 72-5-101, or a conservator in the case of a protected person as defined in 72-5-1…

(1) A consumer may elect to place a security freeze on the consumer's own credit report by making a request: (a) in writing by regular or certified mail to a consumer reporting agency at an address designated by the consumer reporting agency to receive the request; or (b) directl…

(1) Except as provided in subsection (2), a consumer reporting agency shall place a security freeze on a consumer's credit report no later than 5 business days after receiving from the consumer: (a) a written or electronic request, as provided in 30-14-1727; (b) proper identifica…

(Temporary) Temporary lifting of security freeze -- consumer requirements -- consumer reporting agency duties -- notification. (1) A consumer who wishes to allow access to the consumer's own credit report by a specific party or for a specific period of time while a security freez…

(1) A consumer reporting agency shall remove or temporarily lift a security freeze placed on a credit report: (a) upon the consumer's request pursuant to 30-14-1729 or 30-14-1732; or (b) if the consumer reporting agency determines that the consumer made a material misrepresentati…

If a third party not enumerated in 30-14-1734(1) requests for the purpose of an application access to a credit report on which a security freeze is in effect and the consumer has not provided a temporary lifting of a security freeze for that specific party or a period of time, th…

(1) A security freeze must remain in place until the consumer requests that the security freeze be removed or temporarily lifted as provided in 30-14-1729. (2) After receiving a request from the consumer to remove a security freeze, a consumer reporting agency shall remove the se…

A consumer reporting agency shall provide a notice of rights as stated below at any time that a consumer is required to receive a summary of rights required under 15 U.S.C. 1681(g) of the Fair Credit Reporting Act. NOTICE OF RIGHTS: Montana Consumers Have the Right to Obtain a Se…

(1) The provisions of 30-14-1726 through 30-14-1733 and 30-14-1735 do not apply to the following for the purposes of accessing or using a credit report: (a) a person or the person's subsidiary, affiliate, agent, or assignee with which the consumer has, or prior to assignment had,…

(1) Except as provided in subsection (2), a consumer reporting agency may charge an administrative fee, not to exceed $3, to a consumer for each security freeze or temporary lifting of a security freeze as provided in 30-14-1729, but not for removal of a security freeze as provid…

(1) A person who willfully fails to comply with any requirements imposed in 30-14-1727 through 30-14-1735 with respect to a consumer is liable to that consumer in an amount equal to the sum of: (a) any actual damages sustained by the consumer as a result of the failure or damages…

This part may be cited as the "Montana Consumer Debt Management Services Act".