Legal Definitions - Montana

When discussing "Montana" in this legal context, it refers to specific laws within the Montana Code Annotated that regulate unsolicited commercial communications. These statutes are designed to protect Montana residents and businesses from unwanted telemarketing calls and unsolicited faxes by setting rules for how companies can engage in these activities and providing avenues for consumers to prevent such solicitations.

Specifically, these laws cover two main areas:

• Telemarketing and Telephonic Anti-Solicitation: These provisions address live and automated phone calls made for commercial purposes. They often include requirements for businesses to respect "do not call" lists, identify themselves clearly, and adhere to specific calling hours, aiming to reduce unwanted interruptions for consumers.
• Fax Anti-Solicitation: This section specifically prohibits the sending of unsolicited advertisements or solicitations via fax machine to individuals or businesses in Montana.

Here are some examples illustrating how these Montana laws apply:

• Example 1: Unwanted Telemarketing Calls to a Residence

  A retired couple living in Bozeman, Montana, has registered their home phone number on the national "Do Not Call" registry. Despite this, they repeatedly receive automated calls from a company attempting to sell them extended car warranties. The couple can report these calls, and the company could face penalties under Montana's telephonic anti-solicitation laws for violating the "Do Not Call" provisions and making unsolicited commercial calls.

  This example illustrates the telemarketing and telephonic anti-solicitation aspect, showing how Montana law protects residents from unwanted commercial calls, especially when they have opted out via a "Do Not Call" registry.

• Example 2: Unsolicited Fax Advertisement to a Business

  A small accounting firm in Helena, Montana, receives a fax on their office machine advertising discounted office supplies from a vendor they have never done business with and whose services they did not request. The fax is purely promotional and unsolicited.

  This example demonstrates the fax anti-solicitation aspect of Montana law, as it prohibits businesses from sending unsolicited advertisements via fax to other businesses or individuals within the state.

• Example 3: Automated Political Survey Call Without Consent

  A resident of Missoula, Montana, receives an automated "robocall" on their cell phone asking them to participate in a political survey. While political calls sometimes have different regulations than commercial ones, if the call is found to have a commercial purpose disguised as a survey, or if it violates general rules about automated calls to cell phones without prior consent, it could fall under the scrutiny of Montana's telephonic anti-solicitation statutes, especially if the resident had not provided consent to receive such calls.

  This example highlights the broader scope of telephonic anti-solicitation, which can extend to automated calls, and the importance of consent, even if the line between commercial and non-commercial intent can sometimes be nuanced.