Montana Telemarketing Fraud Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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The Montana Telemarketing Registration and Fraud Prevention Act was enacted to deter telemarketing fraud in Montana. This act requires telemarketers to register, establishes standards of conduct for telemarketers, and to provides penalties for violators. The tables below outline Montana's main telemarketing fraud law as well as the abusive telemarketing acts and practices that are prohibited within the state.
Code Section |
Montana Code section 30-14-1414: Telemarketing Fraud |
What's Prohibited? |
A person commits telemarketing fraud when the person knowingly violates the Montana Telemarketing Registration and Fraud Prevention Act for the purpose of depriving an owner of property. |
Penalties |
If the value of the property doesn't exceed $500: Punishable by a fine of up to $500, and/or imprisonment for up to six months. If the value of the property exceeds $500: Punishable by a fine of up to $50,000, and/or imprisonment for up to 10 years. |
Code Section |
Montana Code section 30-14-1412: Abusive Telemarketing Acts and Practices |
What's Prohibited? |
It is an abusive telemarketing act or practice for a seller or telemarketer to engage in the following conduct:
|
Prohibited Acts and Practices
In order to deter telemarketing fraud in Montana, the following list of acts and practices that relate to telemarketing is also prohibited. These prohibited acts and practices make it illegal for a seller or telemarketer to purposely or knowingly engage in the following conduct:
- Advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of Montana
- Assist, support, or provide substantial assistance to a telemarketer when the seller knew (or should have known) that the telemarketer was engaged in any violation of the Telemarketing Registration and Fraud Prevention Act
- Request a fee in advance to remove derogatory information from or improve a person's credit history
- Requesting or receiving payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the person in a prior telemarketing transaction
- Obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, bond, or other account without the person's express written authorization, or
- Procuring the services of a professional courier to obtain immediate receipt or possession of a person's payment, unless the goods are delivered with the opportunity to inspect them before any payment is collected
Additional Resources
State laws change frequently. For case specific information regarding Montana's telemarketing fraud laws contact a local consumer protection lawyer or criminal defense attorney.
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