Duty LXD-4674
Places automated calls, in Montana
Telephone Solicitation No-Call List Actsince 2 lines
Mont. Code Ann. §§ 30-14-1601, 30-14-1602, 30-14-1604, 30-14-1605, 30-14-1606 · Read the law's page
- Do not make a telephone solicitation (a voice call from a live operator or an automatic dialing-announcing device encouraging a purchase, rental or investment) to a Montana residential subscriber listed on the state no-call database, unless the subscriber invited it, has had business contact with you in the past 180 days or has a current business or personal relationship with you, or another listed exception applies (a 501(c)(1) to (c)(6) organization's fundraising call by a bona fide member, a federally regulated caller with its own no-call list, a natural person's referral or home-based call, or a licensed professional setting an appointment).
- State your identity clearly at the start of every telephone solicitation call to a Montana residential subscriber, and do not knowingly block or circumvent the subscriber's caller identification service.
Impediment of Identity Theft, record destruction dutysince 2 lines
Mont. Code Ann. § 30-14-1703 · Read the law's page
- This binds any business holding a customer's records containing personal information within its custody or control, a business being any sole proprietorship, partnership, corporation, association, or other group, whether or not organized to operate at a profit, including an entity that destroys records, but not an industry regulated under Title 33 of the Montana Code.
- Take all reasonable steps to destroy, or arrange for the destruction of, a customer's records containing personal information once they are no longer necessary to be retained, by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable.
Unlawful Automated Telephone Solicitationin force2 lines
Mont. Code Ann. § 45-8-216 · Read the law's page
- Do not use an automated telephone system, device, or facsimile machine to dial a telephone number and play a recorded message to offer or sell goods or services, convey information soliciting a purchase, solicit information, gather data, or promote a political campaign.
- This does not reach a message informing a purchaser about the receipt, delivery or status of goods or services already purchased, a message responding to an inquiry the person initiated, other pertinent information where there is a preexisting business relationship, or a recorded message played only after a live operator has obtained the called party's permission.
Montana Telemarketing Registration and Fraud Prevention Actin force3 lines
Mont. Code Ann. §§ 30-14-1401 to 30-14-1414 · Read the law's page
- Before telemarketing to a Montana consumer (a telephone campaign to induce a purchase that involves more than one call to the consumer), register annually with the Montana Department of Justice and post a $50,000 surety bond or an equal certificate of deposit, cash or government bond, unless exempt: among others, a business-to-business sale, a consumer with an existing business relationship with or previous purchase from the business, a noncommercial solicitation, or a licensed securities, insurance or real estate professional or supervised financial organization.
- When contacting a consumer, promptly and clearly disclose your identity, that the purpose of the call is to sell goods or services, the nature of the goods or services, and that no purchase or payment is necessary to win a prize or enter a prize promotion.
- Do not telemarket to a Montana residence before 8 a.m. or after 9 p.m. local time, call someone who has said they do not wish to receive solicitation calls from you, use threatening, intimidating, profane or obscene language, engage anyone in conduct a reasonable person would find annoying, abusive or harassing, or intentionally block caller identification (an accurate substitute name and a working number are allowed).
Genetic Information Privacy Act: direct-to-consumer genetic and neurotechnology datain force8 lines
Mont. Code Ann. §§ 30-23-101 to 30-23-106 · Read the law's page
- If you are an entity that offers consumer genetic testing products or services directly to a consumer, or that collects, uses or analyzes genetic data, make available a high-level privacy policy overview and a prominent, publicly available privacy notice covering your collection, consent, use, access, disclosure, transfer, security, retention and deletion practices for genetic or neurotechnology data.
- Obtain initial express consent from a consumer, parent, guardian or power of attorney for the collection, use or disclosure of the consumer's genetic or neurotechnology data, describing your uses of the data, the categories of individuals within the entity with access to test results, and how you may share the data.
- Obtain separate express consent, naming the third party, for each transfer or disclosure to a third party other than your processors; separate express consent for each use beyond the primary purpose and for retaining a biological sample after the initial testing; informed express consent for transfer to third parties for research; and express consent for marketing based on the data and for sale or other valuable consideration of the data.
- Comply with section 44-6-104, which requires a valid legal process for disclosing genetic or neurotechnology data to law enforcement or any other government agency without the consumer's express consent.
- Develop, implement and maintain a comprehensive security program to protect a consumer's genetic or neurotechnology data against unauthorized access, use or disclosure.
- Provide a process for a consumer to access and delete the consumer's genetic or neurotechnology data, revoke any consent, and request and obtain destruction of the consumer's biological sample, subject to the clinical research and laboratory waivers in section 30-23-104(7) and (8).
- Do not disclose a consumer's genetic or neurotechnology data to any entity offering health insurance, life insurance or long-term care insurance, or to any employer of the consumer, without the consumer's express consent.
- Do not store genetic or neurotechnology data or biometric samples of Montana residents collected in the state within a country sanctioned by the United States Office of Foreign Assets Control or designated a foreign adversary, and transfer or store such data outside the United States only with the resident's consent.