Montana Code Annotated 2009

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     30-14-1408. Recordkeeping requirements. (1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced.
     (b) The records that must be kept for the 24-month period include:
     (i) all substantially different advertising, brochures, telemarketing scripts, and promotional materials;
     (ii) the name and last-known address of each prize recipient and the prize awarded;
     (iii) the name and last-known address of each consumer, the goods or services purchased, the date the goods or services were shipped or provided, the amount of goods or services provided, and the amount paid by the consumer for the goods or services;
     (iv) the name, any fictitious name used, the last-known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales; however, if the seller or telemarketer permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and
     (v) all written authorizations required to be provided or received under this part.
     (2) In the event of any dissolution or termination of a telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment, or other change in ownership of the seller's business, the successor shall maintain all records required under this section.

     History: En. Sec. 8, Ch. 342, L. 1999.

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