Law / United States / 
Montana
Unlawful Automated Telephone Solicitation
In force.
A telephone contact rule binding public and private bodies.
- Criminal exposure
- Yes
- Private right of action
- No
- Criminal exposure note
- A violation is punishable by a fine of not more than $2,500.
- Enforcement body
- Criminal prosecution by the state; the section gives no private civil action.
- Obligation class
- Prohibition
What it requires
- 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.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Montana bars using an automated telephone system, device, or facsimile machine to select and dial numbers and play a recorded message that offers goods or services for sale, conveys information soliciting a purchase, solicits information, gathers data or statistics, or promotes a political campaign.
The prohibition 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 after a live operator has obtained the called party's permission. A violation is punishable by a fine of not more than $2,500; the section creates no private civil action. No day on which the section came into force has been located.
When LexLint raises it
When your app profile says your app places automated calls or sends faxes.
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