Montana: consumer-protection statute
Unfair Trade Practices and Consumer Protection Act — Mont. Code Ann. § 30-14-101 et seq.
Statute-text comparison only, not legal advice. Verify against the current official code.
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Private right of action
Whether a person may bring a civil action under the statute.
Consumer may bring an individual action but not a class action
30-14-133
may bring an individual action but not a class action under the rules of civil procedure in the district court
Actual damages
Recovery for the loss a person actually suffered.
Recover money damages in the amount of any ascertainable loss of money or property
30-14-133
to recover money damages in the amount of any ascertainable loss of money or property or $500, whichever is greater
Statutory minimum damages
A stated minimum or fixed amount of damages.
$500
30-14-133
in the amount of any ascertainable loss of money or property or $500, whichever is greater
Multiple or punitive damages
Damages multiplied or increased to punish unlawful conduct.
Up to three times the money damages; no punitive damages
30-14-133
The court may not award punitive damages but may, in its discretion, award up to three times the money damages
Attorney fees
Rules for recovering the cost of legal representation.
Court may award prevailing party reasonable attorney fees, limited to $250/hour; not if actual damages $100,000 or more
30-14-133
the court may award the prevailing party reasonable attorney fees incurred in prosecuting or defending the action
Notice or demand before suit
Notice or a demand that must be sent before bringing an action.
Not found in the statute text reviewed
Class action limits
Restrictions on bringing claims on behalf of a class.
Consumer may bring an individual action but not a class action
30-14-133
may bring an individual action but not a class action under the rules of civil procedure in the district court
FTC interpretation clause
Directions to consider FTC or federal interpretations when applying the statute.
Federal interpretation -- rules determining unfair competition and deception
30-14-104
30-14-104 Federal interpretation -- rules determining unfair competition and deception
Time limit for a claim
The period in which an action must be brought.
Within the timeframe described in 27-2-211
30-14-133
A consumer may bring an individual action under this section within the timeframe described in 27-2-211
Injunctive relief
Court orders requiring conduct to stop or change.
Department may seek injunction; court may provide equitable relief
30-14-111
the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction
Attorney general civil penalties
Civil monetary penalties sought by the attorney general.
Not found in the statute text reviewed