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SENATE BILL NO. 275
INTRODUCED BY D. GRIMES
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE SECRETARY OF STATE TO COMPILE AND MAINTAIN A LIST OF PERSONS WHO HAVE INDICATED IN WRITING TO THE SECRETARY OF STATE THAT THEY ARE UNWILLING TO RECEIVE TELEPHONE SOLICITATION CALLS; PROHIBITING TELEPHONE SOLICITATION CALLS TO PERSONS WHOSE NAMES ARE ON THE LIST; AND CREATING A CIVIL REMEDY FOR A PERSON RECEIVING A TELEPHONE SOLICITATION CALL WHOSE NAME IS ON THE LIST."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. List of persons unwilling to receive telephone solicitation calls -- compilation of list by secretary of state. (1) A person residing in this state may submit in writing the person's name, address, and telephone number to the secretary of state, together with a request that the person's name, address, and telephone number be added to the list maintained by the secretary of state, pursuant to the provisions of subsection (2), of persons unwilling to receive telephone solicitation calls.
(2) The secretary of state shall compile and maintain a list of persons submitting the written information and request permitted in subsection (1) and shall provide a copy of the list, which may include providing the list in electronic form, to all persons requesting a copy.
(3) A person may, in writing, update the information provided in subsection (1) and may, in writing, request that the secretary of state remove the person's name, address, and telephone number from the list.
NEW SECTION. Section 2. Requirement to obtain list of persons unwilling to receive telephone solicitation calls. (1) A person engaged in telephone solicitation in this state shall obtain a copy from the secretary of state of the list of persons unwilling to receive telephone solicitation calls.
(2) A person involved in telephone solicitation may not contact by telephone any person whose name is on the list referred to in subsection (1).
(3) For the purposes of this section, "telephone solicitation" means contacting a person in this state by telephone in an attempt to sell that person goods or services, including the attempted sale of goods or services by a charitable organization, or contacting a person by telephone in an attempt to obtain a charitable contribution or subscription.
NEW SECTION. Section 3. Civil remedy. (1) A person who has received a telephone solicitation call in violation of [section 2(2)] may institute an action against the person, business entity, or charitable organization on whose behalf the call was made in the appropriate state court for the county in which the person receiving the call resides.
(2) A person initiating an action under this section, if successful in obtaining a judgment against the person, business entity, or charitable organization on whose behalf the call was made, is entitled to damages in the amount of $1,000 and reasonable attorney fees and costs.
NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 30, chapter 14, and the provisions of Title 30, chapter 14, apply to [sections 1 through 3].
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Latest Version of SB 275 (SB0275.01)
Processed for the Web on January 25, 1999 (4:16PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill| 1999 Session | Leg. Branch Home
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