Do-Not-Call List

Information for Montana Telemarketing Businesses

What is Telemarketing?
In Montana, telemarketing is defined as using the phone to encourage the purchase of, rental of, or investment in, goods, property, or services

Is Telemarketing Illegal in Montana?
No, it is still legal to telemarket in Montana, but you may be required to purchase and use a Do-Not-Call List. You may still have to register and post bond if you are not exempt from bonding.

Do I Have to Buy the State Do-Not-Call List?
If you are not engaged in telemarketing, you do not need to buy the list. If you are engaged in telemarketing, you need to answer the questions below to see if you need to buy the list.

1. Are you a 501(c)1-(c)6 engaged in "fundraising" to support your charitable purpose and not using third-party telemarketers to make the calls ? If Yes, then you do not need to use the State do-not-call list, If NO then go to B below.
2. Are you licensed by Montana to carry out your trade and calling to set an appointment only? If Yes, then you do not need to use the State do-not-call list, If NO then go to C below.
3. Are you regulated by a federal agency and required by that SAME agency to maintain a do-not-call list? If Yes, then you do not need to use the State do-not-call list, If NO then go to D below.
4. Are you calling from your own primary residence? If Yes, then you do not need to use the State do-not-call list, If NO then go to E below.
5. Are you calling someone you have had a Business Contact within the last 180 days or someone whose number you got by referral? If Yes, then you do not need to use the State do-not-call list, If NO then go to F below.
6. Has the person specifically asked you to call them? If Yes then you do not need to use the State do-not-call list, If NO then go to G below.
7. You will have to purchase the State do-not-call list and use it.

Are Charities and Non-Profits Exempt from Montana’s Do-Not-Call List?
If all you are doing is seeking donations without selling anything, you are not telemarketing under the law and therefore do not have to buy the State Do-Not-Call List. If you are selling something and are a tax-exempt organization under 501 C1 through C6, you do not have to purchase the State Do-Not-Call List if you don’t hire third parties to make the calls. If a person requests you to not call them again, you must honor this request.

Where Do I get the State Do-Not-Call List?
As soon as the information becomes available it will be placed online. HB 424 which creates the State do-not-call list does not authorize rule-making until July of 2003. The Department of Administration will begin the rule-making process at that time.

How much does the State Do-Not-Call list Cost?
As soon as the information becomes available it will be placed online. HB 424 which creates the State do-not-call list does not authorize rule-making until July of 2003. The Department of Administration will begin the rule-making process at that time.

How Often Do I have to update My Do-Not-Call List?
You must update every 90 days.

Do I have to buy the Federal Do-Not-Call List?
If you call across state lines, you may have to buy the Federal list. You can find that information at www.ftc.gov. You may have to buy the Federal list even if you already bought the State List.

Are the State and Federal Do-Not-Call List Identical?
Yes, they will be the exact same list of numbers.

Will Some Businesses have to Buy both the State and the Federal Do-Not-Call Lists?
Yes. A business will need to check to see whether it needs to buy the State Do-Not-Call List, the Federal Do-Not-Call List, or both.

What are the Penalties for Not Using a Required Do-Not-Call List?
The penalties include a fine of up to $11,000 per call plus criminal charges are possible for intentional violations.

What if a Caller asks to be called or to be put on My Do-Not-Call List?
You are still required to maintain a list of people who have requested not to be called. You cannot call them again.

Can I use a Recorded Message?
No! In Montana, recorded telemarketing messages are illegal (MCA § 45-8-216). There are a few exceptions such as use of recorded message to tell someone that previously ordered goods are available for pick-up.

How will I know if someone Files a Complaint against My Business?
You will receive notice in the mail from either the Montana Consumer Protection Office or the FTC. You will need to respond to the complaints as they come in. Failure to respond can be a violation of State or Federal law.