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.
A telephone contact rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
As of .
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).
- 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.
If you get it wrong
Private right of actionYes
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).
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 sends automated outreach.