HOUSE BILL NO. 637
INTRODUCED BY RASER
AN ACT PROHIBITING UNSOLICITED ADVERTISEMENTS THROUGH FACSIMILE TRANSMISSION; AND PROVIDING THAT A VIOLATION OF THIS PROHIBITION IS A VIOLATION OF THE MONTANA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT OF 1973.
AN ACT PROHIBITING UNSOLICITED ADVERTISEMENTS THROUGH FACSIMILE TRANSMISSION; AND PROVIDING THAT A VIOLATION OF THIS PROHIBITION IS A VIOLATION OF THE MONTANA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT OF 1973.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions -- unsolicited advertisement through facsimile transmission prohibited -- violation. (1) As used in this section, the following definitions apply:
(a) "Telephone facsimile machine" means equipment that has the capacity to:
(i) transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line onto paper; or
(ii) transcribe text or images, or both, from an electronic signal received over a regular telephone line onto paper.
(b) "Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or service that is transmitted to a person without that person's prior express invitation or permission.
(2) (a) Except as provided in subsection (2)(b), a person may not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
(b) The prohibition contained in subsection (2)(a) does not pertain to a facsimile transmission containing public safety information that is sent by a law enforcement or public safety entity.
(3) A violation of this section is a violation of Title 30, chapter 14, part 1.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 30, chapter 14, and the provisions of Title 30, chapter 14, apply to [section 1].
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