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Law / United States / Montana

Unsolicited Advertisement Facsimile Transmissions

Mont. Code Ann. § 30-14-1501

In force.

A telephone contact rule binding public and private bodies.

Obligation class
Prohibition

As of .

What it requires

  • Do not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement, material advertising the commercial availability or quality of property, goods, or a service, to a telephone facsimile machine without the recipient's prior express invitation or permission; this does not reach public safety information sent by a law enforcement or public safety entity.

If you get it wrong

Private right of actionYes

Statutory damages

A violation is a violation of the Consumer Protection Act (Mont. Code Ann. § 30-14-103), so a consumer who suffers an ascertainable loss may bring an individual, not a class, action for that loss or $500, whichever is greater, with the court able to award up to three times the loss when it does not exceed $100,000, plus attorney fees capped at $250 an hour; punitive damages are not available.

As of
Currency
USD
Per person minimum
500

Who enforces it

Enforcement body

Montana Department of Justice or a county attorney under the Consumer Protection Act; a private action under Mont. Code Ann. § 30-14-133.

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Montana bars using a telephone facsimile machine, computer, or other device to send an unsolicited advertisement, material advertising the commercial availability or quality of property, goods, or a service, sent without the recipient's prior express invitation or permission, to a fax machine, except a public safety notice sent by a law enforcement or public safety entity. A violation is a violation of the Consumer Protection Act.

A consumer harmed by it may bring an individual, non-class action for actual damages or $500, whichever is greater, with up to treble damages when actual loss is under $100,000, plus attorney fees, alongside the Department of Justice's own enforcement.

When LexLint raises it

When your app profile says your app sends automated outreach.

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