MontanaSB 48869th Legislature, Regular Session (2025)SenateWALLET

Generally revise consumer protection laws

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Stronger rules on fake reviews

The law makes fake or misleading consumer reviews illegal. It follows Federal Trade Commission rules on reviews and testimonials. Courts and the Montana Department of Justice must give weight to FTC and federal court interpretations when reading the state’s unfair‑practice law. The department’s rules cannot conflict with those federal interpretations.

Age checks for adult websites

Websites that knowingly host a substantial amount of material harmful to minors must verify age. “Substantial” means more than 33 1/3% of the site’s content. Acceptable checks include a digital ID showing age 18+ or a commercial system that verifies a government ID or relies on trusted data. If a covered site skips age checks, an individual can sue for damages.

New limits and awards in consumer suits

You can sue only as an individual, not as a class. You can recover the greater of your actual loss or $500, and you must file within the state deadline. Courts cannot award punitive damages, but may award up to three times your money damages if your actual damages are $100,000 or less. Courts may award attorney fees, capped at $250 per hour, but no fees are allowed if you recover $100,000 or more; judges may award fees to self‑represented plaintiffs. You cannot use this section for certain claims against construction professionals. The clerk must mail your complaint and any judgment to the Montana DOJ and the county attorney, and a prior state injunction counts as prima facie evidence of an unlawful practice.

Privacy and lawsuits under age‑check law

If a business checks your age, it cannot keep your ID after letting you in. Knowingly keeping it makes the business liable for damages, court costs, and reasonable attorney fees. People harmed by a minor’s access can also get damages, plus court costs and reasonable attorney fees. The law does not apply to bona fide news reporting, and internet providers are not liable just for access or transmission. Only private individuals who claim damages can sue under this section.

Stronger state enforcement against scams

The Department of Justice can sue within five years after it discovers an unlawful practice. It must serve notice at least 20 days before a hearing for a temporary or permanent injunction. Courts can issue injunctions or emergency restraining orders without a bond to stop violations.

Sponsors & Cosponsors

Sponsor

Mark Noland
Republican • Senate

Cosponsors

Tracy Sharp
Republican • House

Roll Call Votes

All Roll Calls

Yes: 291 • No: 6

Senate vote • 4/1/2025

Do Concur

Yes: 97 • No: 2

Senate vote • 3/31/2025

Do Concur

Yes: 97 • No: 2

Senate vote • 3/6/2025

Do Pass

Yes: 50 • No: 0