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Can I advertise my products or services without violating truth-in-advertising laws in Montana? What are the requirements?

To advertise products or services in Montana, you must comply with the state’s truth-in-advertising laws. The Montana Code Annotated (MCA) contains several provisions that regulate advertising, including outdoor advertising [1.1][1.2][1.3], telemarketing [2.1], and disclosure requirements [2.3].

Requirements for Outdoor Advertising

Outdoor advertising is unlawful in Montana when erected after June 24, 1971, contrary to MCA 75-15-112 or erected after June 24, 1971, beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area with the purpose of its message being read from such main-traveled way and visible from such main-traveled way, unless such outdoor advertising meets the criteria of subsections (a), (b), or (c) of MCA 75-15-111 (1) [1.1][1.3]. The Montana Department of Transportation (MDT) may enter upon lands bearing outdoor advertising and make examination of such advertising. The MDT shall give notice in writing, either by certified mail or by personal service, to the owner or occupant of the land on which advertising believed to be unlawful is located and to the owner of the outdoor advertising structure if the latter is known or, if unknown, by posting notice in a conspicuous place on the structure of its intention to remove the unlawful advertising. Within 45 days after the notice, the owner of the land or of the structure may make a written request for a hearing before the commission to show cause why the structure should not be removed. If a hearing before the commission is not requested or if there is no appeal taken from the commission’s decision at the hearing or if the commission’s decision is affirmed on appeal, the MDT shall immediately remove or cause to be removed the unlawful outdoor advertising. The owner of the structure and the owner or occupant of the land are jointly and severally liable for the costs of the removal [1.4].

Requirements for Telemarketing

It is a violation of Montana law for a seller or telemarketer, purposely or knowingly, to engage in certain conduct, including advertising or representing that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of the state, and requesting a fee in advance to remove derogatory information from or improve a person’s credit history or credit record [2.1].

Disclosure Requirements

When contacting a consumer, a seller or telemarketer shall promptly disclose in a clear and conspicuous manner the identity of the seller or telemarketer, that the purpose of the call is to sell goods or services, the nature of the goods or services, and that a purchase or payment is not necessary to be able to win a prize or participate in a prize promotion. Prior to requesting any payment from the consumer, a seller or telemarketer shall disclose in a clear and conspicuous manner the total cost of the goods or services, all material restrictions, limitations, and conditions pertaining to the purchase of the goods or services, and in any prize promotion, the odds of being able to receive the prize or, if the odds are not calculable in advance, the factors used in calculating the odds, and the “no-purchase no-payment” method of participating in the prize promotion with either instructions on how to participate or an address or a local or toll-free telephone number that consumers may write or call for information on how to participate. A seller or telemarketer may not misrepresent, directly or by implication, any material aspect of performance, effectiveness, nature, or basic characteristics of goods or services, any material aspect of the nature or terms of the seller’s or telemarketer’s refund, cancellation, exchange, or repurchase policies, or any material aspect of a prize promotion, including but not limited to the nature or value of the prize or that a purchase or payment is required to win a prize or to participate in a prize promotion [2.3].

In summary, to advertise products or services in Montana, you must comply with the state’s truth-in-advertising laws, including requirements for outdoor advertising, telemarketing, and disclosure.

Source(s):
Jurisdiction

Montana