Law / United States / 
Montana
Telephone Solicitation No-Call List Act
Mont. Code Ann. §§ 30-14-1601, 30-14-1602, 30-14-1604, 30-14-1605, 30-14-1606
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
What it requires
- 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).NIST Privacy FrameworkCT.PO-P3
- 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.NIST Privacy FrameworkCM.AW-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Any person or entity that violates the caller-identification section, 30-14-1604, is subject to all penalties, including criminal penalties, provided in Title 30, chapter 14, parts 1 and 2; the part itself states no criminal maximum, and the no-call prohibition in 30-14-1602 carries only the civil penalty.
Penalty structure
The department or a county attorney may seek a civil penalty of up to $5,000 for each knowing violation of the no-call or caller-identification rule, in addition to an injunction; a caller-identification violation also carries the Consumer Protection Act's own civil and criminal remedies.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Statutory damages
Available only to a residential subscriber who has received more than one telephone solicitation within a 12-month period from the same caller in violation of the no-call or caller-identification rule, and only for a knowing violation: the greater of actual monetary loss or $5,000 in damages for each knowing violation, plus injunctive relief. It is a defense that the caller had established and implemented, with due care, reasonable practices and procedures to prevent the violation.
- As of
- Currency
- USD
- Per person minimum
- 5,000
Who enforces it
Enforcement body
Montana Department of Justice or a county attorney; a private action under Mont. Code Ann. § 30-14-1605(3).
Settledness
- As of
- Open questions
- Does a text message sent to a residential subscriber's line fall within 'voice communication over a telephone line' in the 30-14-1601(4) definition of telephone solicitation?
What this law does
Montana runs a no-call database of residential subscribers who object to telephone solicitations and bars a person or entity from making a telephone solicitation to a listed subscriber's line. A telephone solicitation is a voice communication over a telephone line from a live operator, an automatic dialing-announcing device or other means to encourage the purchase, rental of or investment in property, goods or services.
The term does not include a call made with the subscriber's prior express invitation or permission, a call by a person the subscriber has had a business contact with in the past 180 days or has a current business or personal relationship with, a fundraising call for a 501(c)(1) to (c)(6) organization made by a bona fide member, a call by an entity a federal agency requires to keep its own no-call list, a call by a natural person responding to a referral or working from their primary residence, or a licensed professional setting an appointment within that license.
A caller must state its identity at the start of every solicitation call to a residential subscriber and may not knowingly block or circumvent caller identification.
The department or a county attorney may seek an injunction and a civil penalty of up to $5,000 per knowing violation, and a residential subscriber who receives more than one violating solicitation within 12 months from the same caller may sue to enjoin it and recover the greater of actual loss from a knowing violation or $5,000 for each knowing violation, within 2 years, unless the caller shows it had implemented reasonable practices to prevent the violation.
When LexLint raises it
When your app profile says your app places automated calls.
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