reglab/housing_qa huggingface dataset:
MT Code § 30-14-224 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-224. Penalties

  30-14-224. Penalties. (1) A person, whether as principal, agent, officer, or director, who purposely or knowingly violates any of the provisions of 30-14-207 through 30-14-214 or 30-14-216 through 30-14-218 is guilty of an offense for each violation and upon conviction may be fined an amount not more than $10,000 or imprisoned for a term not to exceed 2 years, or both.   (2) A violation of 30-14-205 is punishable by imprisonment for a period of not more than 5 years, and the offender may be subject to a fine in an amount not exceeding $25,000.   (3) When there is a violation of 30-14-216, in addition to the penalty specified in subsection (1), the court before which a conviction is had shall, within 10 days after judgment of conviction is given, forward a certified copy of the judgment to the department of agriculture and that department shall revoke any license issued to the convicted person. A new license may not be granted to the person whose license is revoked or to anyone either directly or indirectly engaged with that person in that business for a period of 5 years.   History: En. 51-524 by Sec. 24, Ch. 518, L. 1977; R.C.M. 1947, 51-524; amd. Sec. 9, Ch. 137, L. 1979; amd. Sec. 12, Ch. 322, L. 2003.
MT Code § 30-14-225 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-225. Prohibited practices -- advertising allowed -- violations

  30-14-225. Prohibited practices -- advertising allowed -- violations. (1) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair may not:   (a) advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an insurance deductible under a casualty or property insurance policy, including any incentive to purchase automobile glass or automobile repairs offered to the customer in which the customer, in conjunction with the purchase of automobile glass or automobile repairs, receives cash or other valuable consideration; or   (b) pay a sum or incentive to an individual or entity for directing glass replacement or repair or the purchase of a glass product.   (2) A person or association of persons engaged in the sale, repair, or replacement of automobile glass may advertise services as to quality, service, and safety.   (3) A glass broker, as defined in 33-18-223, may not manage, handle, or arrange automobile glass replacement or glass repair work for which the glass broker retains a percentage of the claim.   (4) (a) A violation of subsection (1)(a) is an unfair and deceptive act under 30-14-103.   (b) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair who violates subsection (1)(a) is also subject to the insurance fraud protection provisions of Title 33, chapter 1, part 12.   History: En. Sec. 4, Ch. 554, L. 1993; amd. Sec. 1, Ch. 207, L. 1997; amd. Sec. 1, Ch. 174, L. 1999; amd. Sec. 1, Ch. 526, L. 1999; amd. Sec. 1, Ch. 345, L. 2001.
MT Code § 30-14-226 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-226. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees

  30-14-226. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees. (1) All civil fines, settlement proceeds not otherwise designated for a specific use pursuant to court order, amounts awarded in judgments, costs, and fees received or recovered by the department pursuant to this part must be deposited into a state special revenue account to the credit of the department and must be used to defray the expenses of the department in discharging its administrative and regulatory powers and duties in relation to this part.  (2) At the end of each biennium, the balance in the state special revenue account may not exceed three times the amount of the budget appropriated to the department to discharge its powers and duties under this part for that biennium. Funds that are otherwise obligated to implement the provisions of the settlement agreement are not considered part of the balance of the state special revenue account. Any excess civil fines, settlement proceeds not otherwise designated for a specific use pursuant to court order, amounts awarded in judgment, costs, or fees must be transferred to the general fund no later than the first business day in January of the subsequent biennium.   History: En. Sec. 2, Ch. 136, L. 2003; amd. Sec. 9, Ch. 280, L. 2005; amd. Sec. 2, Ch. 256, L. 2021.
MT Code § 30-14-227 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-227. Transfer or sale of a franchise -- continuance of contracts

  30-14-227. Transfer or sale of a franchise -- continuance of contracts. (1) Unless otherwise prohibited under a franchise agreement and in the event of a transfer between a franchisee and a third party, the franchisor may not unilaterally alter existing contracts between the franchisor and the franchisee and the transferee. A violation of this section constitutes an unfair trade practice subject to a $10,000 fine for each violation.  (2) This section does not apply to:   (a) motorsports dealer contracts under Title 30, chapter 14, part 25;   (b) new motor vehicle franchise agreements under Title 61, chapter 4; or   (c) farm implement dealership agreements under Title 30, chapter 11.   (3) For the purposes of this section, "franchise agreement" means a contract or agreement by which:   (a) a franchisee is granted the right to engage in business under a marketing plan prescribed in substantial part by the franchisor;   (b) the operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, logotype, or other commercial symbol or advertising designating the franchisor; and   (c) the franchisee is required to pay, directly or indirectly, a fee for the right to operate under the agreement.   History: En. Sec. 1, Ch. 224, L. 2021.
MT Code § 30-14-301 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-301. Short title

  30-14-301. Short title. This part shall be known and may be cited as the "Motion Picture Fair Trade Practices Act".   History: En. Sec. 1, Ch. 214, L. 1981.
MT Code § 30-14-302 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-302. Purpose

  30-14-302. Purpose. The purposes of this part are to establish fair and open procedures for the licensing of motion pictures within the state; to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state; to promote fair and effective competition in that business; and to benefit the moviegoing public by holding down admission prices to motion picture theaters, expanding the choice of motion pictures available to the public, and preventing exposure of the public to objectionable or unsuitable motion pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibit it.   History: En. Sec. 2, Ch. 214, L. 1981.
MT Code § 30-14-303 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-303. Definitions

  30-14-303. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Blind bidding" means bidding, negotiating, offering terms, making an invitation to bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.   (2) "Distributor" means any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors.   (3) "Exhibitor" means any person engaged in the business of operating a theater in this state.   (4) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state.   (5) "Market area" means either a city in Montana or a city in any of the 11 western states that prohibits blind bidding.   (6) "Theater" means any establishment in which motion pictures are exhibited regularly to the public for a charge.   (7) "Trade screening" means the showing of a motion picture by a distributor in the market area. The showing must be open to any exhibitor interested in exhibiting the motion picture, and the exhibitor or the exhibitor's buying agency must be notified of the trade screening.   History: En. Sec. 3, Ch. 214, L. 1981; amd. Sec. 962, Ch. 56, L. 2009.
MT Code § 30-14-304 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-304. Blind bidding prohibited

  30-14-304. Blind bidding prohibited. No distributor or exhibitor may engage in blind bidding.   History: En. Sec. 4, Ch. 214, L. 1981.
MT Code § 30-14-305 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-305. License agreements -- unlawful provisions

  30-14-305. License agreements -- unlawful provisions. (1) It is unlawful for any license agreement that provides for a fee or other payment to the distributor based in whole or in part on the attendance or the box office receipts at a theater within the state to contain or be conditioned upon a guarantee of a minimum payment to the distributor.   (2) Any provision, agreement, or understanding entered into after October 1, 1981, that provides for such a guarantee is void, and any purported waiver of the prohibition in subsection (1) is void and unenforceable.   History: En. Sec. 5, Ch. 214, L. 1981.
MT Code § 30-14-306 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-306. Bid requirements

  30-14-306. Bid requirements. If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall include the date, time, and location of the trade screening of the motion picture that is the subject of the invitation to bid.   History: En. Sec. 6, Ch. 214, L. 1981.
MT Code § 30-14-307 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-307. Void acts

  30-14-307. Void acts. Any provision of an invitation to bid or a license agreement entered into after October 1, 1981, that waives any of the prohibitions of or fails to comply with this part is void and unenforceable.   History: En. Sec. 7, Ch. 214, L. 1981.
MT Code § 30-14-308 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 3. Motion Picture Fair Trade Practices Act|30-14-308. Violation a misdemeanor

  30-14-308. Violation a misdemeanor. It is unlawful for any person to willfully violate any provision of this part. Any such violation constitutes a misdemeanor, and the violator shall be punished as provided in 46-18-212.   History: En. Sec. 8, Ch. 214, L. 1981.
MT Code § 30-14-401 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-401. Short title

  30-14-401. Short title. This part may be cited as the "Uniform Trade Secrets Act".   History: En. Sec. 1, Ch. 104, L. 1985.
MT Code § 30-14-402 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-402. Definitions

  30-14-402. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.   (2) "Misappropriation" means:   (a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or   (b) disclosure or use of a trade secret of another without express or implied consent by a person who:   (i) used improper means to acquire knowledge of the trade secret;   (ii) at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:   (A) derived from or through a person who had used improper means to acquire it;   (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or   (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or   (iii) before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.   (3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.   (4) "Trade secret" means information or computer software, including a formula, pattern, compilation, program, device, method, technique, or process, that:   (a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and   (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.   History: En. Sec. 2, Ch. 104, L. 1985; amd. Sec. 963, Ch. 56, L. 2009.
MT Code § 30-14-403 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-403. Injunctive relief -- royalty

  30-14-403. Injunctive relief -- royalty. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.   (2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include but are not limited to a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.   (3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.   History: En. Sec. 3, Ch. 104, L. 1985; amd. Sec. 1, Ch. 269, L. 1995.
MT Code § 30-14-404 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-404. Damages

  30-14-404. Damages. (1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized use of a trade secret.   (2) If willful and malicious misappropriation exists, the court may award exemplary damages.   History: En. Sec. 4, Ch. 104, L. 1985; amd. Sec. 2, Ch. 269, L. 1995.
MT Code § 30-14-405 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-405. Costs and attorney fees

  30-14-405. Costs and attorney fees. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable costs and attorney fees to the prevailing party.   History: En. Sec. 5, Ch. 104, L. 1985.
MT Code § 30-14-406 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-406. Preservation of secret

  30-14-406. Preservation of secret. In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.   History: En. Sec. 6, Ch. 104, L. 1985.
MT Code § 30-14-407 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-407. Statute of limitations

  30-14-407. Statute of limitations. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.   History: En. Sec. 7, Ch. 104, L. 1985.
MT Code § 30-14-408 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-408. Effect on other law

  30-14-408. Effect on other law. (1) Except as provided in subsection (2), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.   (2) This part does not affect:   (a) contractual remedies, whether or not based upon misappropriation of a trade secret;   (b) other civil remedies that are not based upon misappropriation of a trade secret; or   (c) criminal remedies, whether or not based upon misappropriation of a trade secret.   History: En. Sec. 8, Ch. 104, L. 1985; amd. Sec. 3, Ch. 269, L. 1995.
MT Code § 30-14-409 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 4. Uniform Trade Secrets Act|30-14-409. Uniformity of application and construction

  30-14-409. Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make the law uniform with respect to the subject of this act among states enacting it.   History: En. Sec. 9, Ch. 104, L. 1985.
MT Code § 30-14-501 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 5. Personal Solicitation Sales|30-14-501. Purpose

  30-14-501. Purpose. The purpose of this part is to afford persons subjected to high pressure personal solicitation sales tactics a cooling-off period.   History: En. Sec. 1, Ch. 426, L. 1973; amd. Sec. 1, Ch. 191, L. 1977; R.C.M. 1947, 85-501; amd. Sec. 13, Ch. 322, L. 2003.
MT Code § 30-14-502 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 5. Personal Solicitation Sales|30-14-502. Definitions

  30-14-502. Definitions. As used in this part, the following definitions apply:   (1) "Buyer" means anyone who gives a consideration for the purchase or use of goods or services.   (2) "Personal solicitation" means any attempt by a seller to sell goods or services when either the seller or a person acting for the seller contacts the buyer by telephone or in person other than at the place of business of the seller, except:   (a) an attempted sale in which the buyer, prior to the attempted sale, personally knows the identity of the seller, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services offered for sale;   (b) an attempted sale in which the buyer has initiated the contact with the seller;   (c) an attempted sale of a newspaper subscription in which the seller is a minor engaged in both the delivery and the sale of the newspaper;   (d) an attempted sale of an insurance policy; or   (e) an attempted sale of more than $5,000 of goods or services that are not primarily for personal, family, or household purposes.   (3) "Personal solicitation sale" means the purchase, lease, or rental of any goods or services following a personal solicitation by the seller or a person acting for the seller if the buyer is required to give consideration in excess of $25 in cash or credit.   (4) "Seller" means a lessor, renter, or anyone offering goods or services for consideration, including an assignee of a seller.   History: En. 85-502.1 by Sec. 2, Ch. 191, L. 1977; R.C.M. 1947, 85-502.1; amd. Sec. 138, Ch. 575, L. 1981; amd. Sec. 14, Ch. 322, L. 2003.
MT Code § 30-14-503 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 5. Personal Solicitation Sales|30-14-503. Disclosure obligation

  30-14-503. Disclosure obligation. Before any personal solicitation, each seller shall, at the time of initial contact or communication with the potential buyer, clearly and expressly disclose the individual seller's name, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services that the seller wishes to demonstrate or sell. When the initial contact is made in person, the seller shall also show the potential buyer an identification card that clearly states the seller's name and the name of the business or organization that the seller represents. The disclosures required by this section must be made before asking any questions or making any statements except an initial greeting. Failure to provide the information required by this section may be punished by a civil fine of not more than $1,000 for each violation.   History: En. 85-502.2 by Sec. 3, Ch. 191, L. 1977; R.C.M. 1947, 85-502.2; amd. Sec. 15, Ch. 322, L. 2003.