Bill Summary – FastDemocracy

67th Legislature                                                                                                   HB 509.1
  1                                                         HOUSE BILL NO. 509
  2                                                INTRODUCED BY D. TENENBAUM
  3
  4     A BILL FOR AN ACT ENTITLED: “AN ACT REVISING FINES FOR UNLAWFUL TELEPHONE
  5     SOLICITATIONS; AMENDING SECTION 45-8-216, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
  6     DATE.”
  7
  8     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
  9
 10                Section 1. Section 45-8-216, MCA, is amended to read:
 11                "45-8-216.    Unlawful automated telephone solicitation -- exceptions -- penalties. (1) A person
 12     may not use an automated telephone system, device, or facsimile machine for the selection and dialing of
 13     telephone numbers and playing of recorded messages if a message is completed to the dialed number for the
 14     purpose of:
 15                (a)   offering goods or services for sale;
 16                (b)   conveying information on goods or services in soliciting sales or purchases;
 17                (c)   soliciting information;
 18                (d)   gathering data or statistics; or
 19                (e)   promoting a political campaign or any use related to a political campaign.
 20                (2)   This section does not prohibit the use of an automated telephone system, device, or facsimile
 21     machine described under subsection (1) for purposes of informing purchasers of the receipt, availability for
 22     delivery, delay in delivery, or other pertinent information on the status of any purchased goods or services, of
 23     responding to an inquiry initiated by any person, or of providing any other pertinent information when there is a
 24     preexisting business relationship. This section does not prohibit the use of an automated telephone system or
 25     device if the permission of the called party is obtained by a live operator before the recorded message is
 26     delivered.
 27                (3)   A person violating subsection (1) is subject to a fine of not more less than $2,500 $500 and not
 28     more than $10,000."
                                                                   -1-                    Authorized Print Version – HB 509
67th Legislature                                                                                                HB 509.1
  1
  2                NEW SECTION. Section 2.   Effective date. [This act] is effective on passage and approval.
  3                                                       - END -
                                                            -2-                     Authorized Print Version – HB 509
Statutes affected: 
HB0509_1.pdf: 45-8-216
HB0509_2.pdf: 45-8-216
Amended: 45-8-216
Introduced: 45-8-216