{"data":{"id":"us-mt/69-3-1305","jurisdiction":"us-mt","citation":"69-3-1305","heading":"Unauthorized change in telecommunications carrier -- liability -- penalty for violation.","body":"(1) A telecommunications carrier who initiates an unauthorized change in the customer's telecommunications carrier in violation of 69-3-1303 is liable:\n(a) to the customer for all intrastate long-distance charges, interstate long-distance charges, monthly service charges, carrier switching fees, and other relevant charges incurred by the customer during the period of the unauthorized change; and\n(b) to the customer's original telecommunications carrier for all charges related to reinstating service to the customer.\n(2) A telecommunications carrier or any other entity who purposely or knowingly initiates an unauthorized change of a customer's telecommunications carrier under 69-3-1303 or this section is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212.\n(3) (a) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated an unauthorized change of a customer's telecommunications carrier, the commission may impose for each change made in violation of 69-3-1303 a civil fine not to exceed $1,000 for each violation, which must be deposited in the general fund.\n(b) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that an entity has, with a frequency to indicate a general business practice, initiated unauthorized changes of customers' telecommunications carriers, the commission may take any of the following actions:\n(i) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that entity to transact business in this state;\n(ii) prohibit any billing aggregator from billing charges on behalf of the carrier or other entity determined to have engaged in a pattern of violations;\n(iii) prohibit a billing agent that bills directly for the carrier or other entity determined to have engaged in a pattern of violations from billing charges on behalf of that carrier or other entity;\n(iv) revoke the registration of a service provider or billing aggregator; or\n(v) limit the prohibitions under this subsection (3)(b) to a specific period of time. A prohibition under this subsection (3)(b) may be withdrawn upon a showing of good cause.\n(4) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a carrier or other entity under this section to terminate a contractual agreement with that carrier or other entity.\n(5) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.","path":["TITLE 69. PUBLIC UTILITIES AND CARRIERS","CHAPTER 3. REGULATION OF UTILITIES","Part 13. Change in Customer's Telecommunications Carrier"],"source_url":"https://mca.legmt.gov/bills/mca/title_0690/chapter_0030/part_0130/section_0050/0690-0030-0130-0050.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:14Z","sha256":"382f551db607aa1f0a8f75fd6787fa40ea9c2eb05872466ed4ac51067f651ac0","source_id":"us-mt","stale":false,"prev":"us-mt/69-3-1304","next":"us-mt/69-3-1306"},"notice":"GroundRules: Original legal text. Not legal advice."}