Title 30, Title 30

(1) A gift certificate is valid until redemption and does not terminate. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate. (2) The value represented b…

(1) A travel credit is valid until redemption and does not terminate. A travel credit is considered trust property of the possessor if the issuer or seller of the travel credit declares bankruptcy after issuing or selling the travel credit. (2) The value represented by the travel…

This part may be cited as the "Plain Language in Contracts Act".

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Agreement" means any writing that is substantially prepared in advance of a consumer transaction and which a seller, lessor, or lender furnishes to a consumer for the consumer to si…

(1) A consumer contract must be written in plain language. (2) A consumer contract is written in plain language if: (a) it is written in a clear and coherent manner using words with common and everyday meanings; (b) it is appropriately divided and captioned by its various section…

(1) Except as provided in subsection (2), 30-14-1103 applies to any agreement in connection with a consumer contract entered into in this state between a consumer who is a resident of this state at the time of the transaction and a seller, lessor, or lender. (2) Section 30-14-110…

(1) Whenever the department has reason to believe that a person is using, has used, or is about to knowingly use any method, act, or practice declared by 30-14-103 to be unlawful and that proceeding would be in the public interest, the department may bring an action in the name o…

(1) Except as otherwise provided in 30-14-1112, if an agreement does not comply with the requirements of 30-14-1103, the seller, lessor, or lender is liable to a consumer who signed the agreement in an amount equal to: (a) $50 plus any actual damages; and (b) costs of the action.…

(1) A consumer may not bring an action under 30-14-1111 after the date on which the consumer's obligations in connection with the agreement are scheduled to be finally performed. (2) A seller, lessor, or lender is not liable under 30-14-1111 if a good faith attempt is made to com…

(1) Nothing in this part precludes a consumer from making any claim or raising any defense that would have been available to the consumer if this part were not in effect. (2) A consumer may not waive the rights provided by this part, and any such waiver is void.

In the administration of this part, the department may accept an assurance of voluntary compliance with respect to any method, act, or practice considered to be in violation of this part from any person who has engaged or was about to engage in any method, act, or practice. Any a…

(1) When it appears to the department that the person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when the department believes it to be in the public interest that an investigation should be made to ascertai…

To accomplish the objectives and to carry out the duties prescribed by this part, the department, in addition to other powers conferred upon it by this part, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investi…

Service of any notice, demand, or subpoena under this part shall be made personally within this state, but if such cannot be obtained, substitute service may be made in the manner provided in the Montana Rules of Civil Procedure.

This part may be known as the "Montana Wheelchair Warranty Act".

As used in this part, the following definitions apply: (1) "Collateral costs" mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair. (2) "Consumer" means a person: (a) who purchases a wheelchair from…

(1) A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express written warranty against nonconformity. (2) The duration of the express written warranty may not be less than 1 year after the date …

(1) If, after a reasonable number of attempts to repair the nonconformity during the warranty period, the manufacturer or the wheelchair dealer is unable to conform the wheelchair to the warranty by repairing or correcting the nonconformity, the manufacturer shall, at the directi…

A reasonable number of attempts to conform a new wheelchair to the applicable warranty is presumed to have been made for the purposes of 30-14-1204 if: (1) the same nonconformity has been subject to repair two or more times by the manufacturer or the wheelchair dealer during the …

A wheelchair dealer is not liable to a manufacturer for a refund or wheelchair replacement in the absence of evidence that indicates that the repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.

(1) This part may not be considered to limit the rights or remedies available to a consumer under any other law or contract. (2) A waiver of rights under this part by a consumer is void. (3) A consumer's rights and remedies under this part are in addition to the rights and remedi…

It is the duty of the county attorney to lend to the department the assistance that the department may request in the commencement and prosecution of actions pursuant to this part. The county attorney, on request of the department or another county attorney, may initiate all proc…

The county attorney in counties having a taxable valuation of $30 million or more may designate an employee to act as a full-time investigator.

As used in this part, the following definitions apply: (1) "Administrator" means the person who is responsible for the administration of service contracts. (2) "Department" means the department of justice provided for in 2-15-2001. (3) "Incidental costs" means expenses specified …

(1) A provider may appoint an administrator or other designee to be responsible for any or all of the administration of service contracts or vehicle theft protection product warranties in compliance with this part. (2) Service contracts or vehicle theft protection product warrant…

(1) Reimbursement insurance policies insuring service contracts or vehicle theft protection product warranties issued, sold, or offered for sale in this state must state that the insurer that issued the reimbursement insurance policy shall either reimburse or pay on behalf of the…

(1) Service contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state must be written, printed, or typed in clear understandable language that is easy to read and must disclose the requirements set forth in this section, as appli…

(1) Vehicle theft protection product warranties offered, issued, made, proposed to be made, or administered in this state must be written, printed, or typed in clear, understandable language that is easy to read and must disclose the following, as applicable: (a) the name and add…

(1) The court may enter orders or judgments necessary to restore to a person any money or property, real or personal, that may have been acquired by means of any practice in this part declared to be unlawful. The court may order the appointment of a receiver or the revocation of …

(1) When a receiver is appointed by the court pursuant to this part, the receiver has the power to sue for, collect, receive, and take into possession all goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in…

(1) (a) Except as provided in subsection (1)(b), a consumer who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act, or practice declared unlawful by 30-14-103 may bring an individual actio…

If any person fails or refuses to file any statement or report or obey any subpoena or investigative demand issued by the department, the department may, after notice, apply to the district court and, after hearing thereon, request an order: (1) granting injunctive relief to rest…

Actions brought by the department to enforce this part are subject to the statute of limitations pursuant to 27-2-231.

This part may be cited as the "Montana Telemarketing Registration and Fraud Prevention Act".

(1) The purposes of this part are to require telemarketers to register in this state, to establish standards of conduct for telemarketers, and to provide penalties for violations of this part. (2) This part does not apply to any claim brought by a person under Title 30, chapter 1…

As used in this part, the following definitions apply: (1) "Consumer" means a person who is or may be required to pay for goods or services offered by a seller or telemarketer through telemarketing. (2) "Department" means the department of justice created in 2-15-2001. (3) "Goods…

(1) (a) Unless exempt under 30-14-1405, a person may not act as a seller or telemarketer without first having registered with the department. (b) The initial application for registration must be approved by the department prior to a seller or telemarketer offering or offering for…

The registration and bonding requirements of 30-14-1404 do not apply to: (1) any securities, commodities, or investment brokers, dealers, or investment advisers or any associates of securities, commodities, or investment brokers, dealers, or investment advisers who are subject to…

The department shall establish and administer a telemarketing fraud consumer awareness program. The program must be funded as provided in 30-14-1407(2).

(1) The department and a county attorney have the same authority to enforce and carry out the provisions of this part as they have under Title 30, chapter 14, part 1. (2) All civil fines, costs, and fees received or recovered by the department pursuant to this section must be dep…

(1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced. (b) The records that must be kept for the 24-month period include: (i) all substantially different advertising, brochures, telemarketing scripts, and …

The following acts and practices are not subject to the provisions of this part: (1) telephone calls in which the sale of goods or services is not completed and payment or authorization of payment is not required until after a face-to-face sales presentation by the seller or tele…

Upon petition by the department, the district court may, in its discretion, order the dissolution, suspension, or forfeiture of franchise of any corporation which violates the terms of any injunction issued under 30-14-111.

(1) When contacting a consumer, a seller or telemarketer shall promptly disclose in a clear and conspicuous manner the following: (a) the identity of the seller or telemarketer; (b) that the purpose of the call is to sell goods or services; (c) the nature of the goods or services…

(1) It is a violation of this part for a seller or telemarketer, purposely or knowingly, to engage in the following conduct: (a) advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of the…