reglab/housing_qa huggingface dataset:
MT Code § 31-1-702 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-702. Purpose -- rules -- fees

  31-1-702. Purpose -- rules -- fees. (1) The purpose of this part is to protect consumers who enter into short-term, high-rate loans with lenders from abuses that occur in the credit marketplace when the lenders are unregulated.   (2) The department may adopt rules to implement the provisions of this part. The rules may include but are not limited to rules establishing forms and procedures for licensing, rules pertaining to acceptable practices at a business location, rules establishing disclosure requirements, and rules establishing complaint and hearing procedures.   (3) All fees collected pursuant to the provisions of this part must be deposited in the department's special revenue account to be used by the department in carrying out its supervisory functions under this part.   History: En. Sec. 2, Ch. 404, L. 1999; amd. Sec. 2, Ch. 451, L. 2007.
MT Code § 31-1-703 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-703. Definitions

  31-1-703. Definitions. For the purposes of this part, the following definitions apply:   (1) "Account" means any banking, checking, credit union, commercial, savings, savings and loan, brokerage, investment, or other kind of depository account held by a consumer.   (2) "Check" means a negotiable instrument, as defined in 30-3-104, that is drawn on a state or federal bank, credit union, or savings and loan association and is payable on demand at the maturity of a deferred deposit loan.   (3) "Consumer" means a natural person who, singly or jointly with another natural person, enters into a deferred deposit loan.   (4) "Deferred deposit lender" or "licensee" means a person engaged in the business of making deferred deposit loans.   (5) "Deferred deposit loan" means an arrangement, including all representations made by the deferred deposit lender whether express or implied, in which:   (a) a person accepts a check dated on the date on which the check is written and agrees to hold the check for a period of days prior to deposit or presentment;   (b) a person accepts a check dated subsequent to the date on which the check is written and agrees to hold the check for deposit or presentment until the date written on the check; or   (c) a person accepts written authorization from a consumer to electronically deduct from the consumer's account on a specific date the amount of the loan and fees that are authorized under this part.   (6) "Department" means the department of administration.   (7) "Person" means a natural person, sole proprietorship, firm, partnership, corporation, or other entity.   History: En. Sec. 3, Ch. 404, L. 1999; amd. Sec. 1, Ch. 81, L. 2001; amd. Sec. 71, Ch. 483, L. 2001; amd. Sec. 3, Ch. 451, L. 2007.
MT Code § 31-1-704 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-704. Scope

  31-1-704. Scope. (1) This part applies to deferred deposit lenders and to persons who facilitate, enable, or act as a conduit for persons making deferred deposit loans.   (2) This part does not apply to retail sellers who cash checks incidental to or independent of a sale and who do not charge more than $2 a check for the service.   History: En. Sec. 4, Ch. 404, L. 1999; amd. Sec. 2, Ch. 81, L. 2001; amd. Sec. 70, Ch. 114, L. 2003; amd. Sec. 1, Ch. 221, L. 2003; amd. Sec. 8, Ch. 163, L. 2005; amd. Sec. 3, Ch. 81, L. 2009.
MT Code § 31-1-705 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-705. License -- application requirements -- business locations

  31-1-705. License -- application requirements -- business locations. (1) A person may not engage in or offer to engage in the business of making deferred deposit loans unless licensed by the department. A license may be granted to a person located within the state or to a person located outside of the state who uses the internet, facsimiles, or third persons to conduct transactions with consumers in this state.   (2) An applicant for a license to engage in the business of making deferred deposit loans shall pay to the department a license application fee of $500. The department may direct that applicants remit fees to the department through a nationwide licensing system.   (3) The application for licensure must be in the form and submitted in the manner that the department directs.   (4) The license year is the calendar year, and all licenses expire on December 31 of each year.   (5) Each licensee shall post a bond in the amount of $10,000 for each location at or from which deferred deposit loan transactions are conducted with consumers in this state. The bond must continue in effect for 2 years after the licensee ceases operation in the state. The bond must be available to pay damages authorized under this part to consumers harmed by any violation of this part and to pay civil penalties, restitution, and costs ordered by the department pursuant to 31-1-712 for any violation of this part.   (6) More than one place of business may not be maintained under the same license. A person shall obtain a license for the person's principal place of business and a separate branch license for each additional place of business or location at or from which deferred deposit loan transactions are conducted with consumers in this state.   History: En. Sec. 5, Ch. 404, L. 1999; amd. Sec. 3, Ch. 81, L. 2001; amd. Sec. 1, Ch. 119, L. 2005; amd. Sec. 4, Ch. 451, L. 2007; amd. Sec. 4, Ch. 81, L. 2009; amd. Sec. 2, Ch. 96, L. 2013; amd. Sec. 1, Ch. 277, L. 2013.
MT Code § 31-1-706 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-706. License renewal fee

  31-1-706. License renewal fee. (1) A person licensed under 31-1-705 shall pay an annual license renewal fee of $500 for each license that the person holds under this part.   (2) The department may direct that fees due the department under subsection (1) be remitted to the department through a nationwide licensing system.   History: En. Sec. 4, Ch. 81, L. 2001; amd. Sec. 5, Ch. 451, L. 2007; amd. Sec. 2, Ch. 277, L. 2013.
MT Code § 31-1-707 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-707. Denial of license and license renewal

  31-1-707. Denial of license and license renewal. (1) (a) Except as provided in subsection (1)(b), the department shall deny any new license or refuse to renew any license if:   (i) the applicant does not meet the qualifications stated in this part or in rules adopted pursuant to this part;   (ii) the department finds that the criminal history of any employee of the applicant at the time of application or renewal demonstrates any conviction involving fraud or financial dishonesty or if the department's findings show civil judgments involving fraudulent or dishonest financial dealings;   (iii) the financial responsibility, experience, character, and general fitness of the applicant do not warrant the belief that the business will be operated lawfully and fairly and within the provisions of this part;   (iv) the applicant does not have unencumbered assets of at least $25,000 for each location to be operated by the applicant;   (v) other information that the department considers necessary has not been provided; or   (vi) the applicant makes any material misstatement of fact or any material omission of fact in the application.   (b) A denial is not required pursuant to subsection (1)(a)(ii) if the department finds that the applicant dismissed the employee promptly upon learning of the employee's conviction involving fraud or financial dishonesty or of civil judgments involving fraudulent or dishonest financial dealings by the employee.   (2) The department shall provide written notice to the applicant of the denial or refusal, setting forth in the notice the grounds upon which the denial or refusal is based.   (3) The applicant has the right to a hearing under the Montana Administrative Procedure Act on any denial or refusal to issue a license. The request for a hearing must be made within 14 days of the date of receipt of the written notice of denial or refusal.   (4) An applicant whose application for licensure or renewal has been denied or refused may not reapply for 1 year following the denial or refusal.   History: En. Sec. 1, Ch. 81, L. 2009; amd. Sec. 3, Ch. 96, L. 2013; amd. Sec. 3, Ch. 277, L. 2013.
MT Code § 31-1-708 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-708. and 31-1-709 reserved

  31-1-708 and 31-1-709 reserved.
MT Code § 31-1-710 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-710. Department authorized to participate in nationwide licensing system for purposes of licensing deferred deposit loan licensees -- rulemaking

  31-1-710. Department authorized to participate in nationwide licensing system for purposes of licensing deferred deposit loan licensees -- rulemaking. (1) The department may participate in a nationwide licensing system for licensing purposes under this part and may require deferred deposit loan license applicants to apply for licensure in the manner that the department may direct on applications approved by the nationwide licensing system.   (2) The department may establish rules that are necessary to comply with the nationwide licensing system protocols and procedures pertaining to fees, renewal dates, amending or surrendering a license, and any other activity necessary for participation in the nationwide licensing system.   (3) The department's portion of the licensing fees collected through the nationwide licensing system must be deposited into the department's account in the state special revenue fund for use in the administration of this part.   History: En. Sec. 7, Ch. 277, L. 2013.
MT Code § 31-1-711 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-711. Examinations -- fee

  31-1-711. Examinations -- fee. (1) The department may conduct an examination of each licensee's deferred deposit lending operation to ensure that the licensee is in compliance with the provisions of this part.   (2) (a) A licensee shall pay the department a fee in the amount of $37.50 an hour for each examiner required to conduct an examination.   (b) The department may charge a licensee for no more than three examinations a year under this section.   (3) A licensee shall make available to a department examiner the information required under 31-1-714 or as required by rule.   History: En. Sec. 6, Ch. 404, L. 1999; amd. Sec. 6, Ch. 451, L. 2007; amd. Sec. 5, Ch. 81, L. 2009.
MT Code § 31-1-713 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-713. Department obligations -- complaints

  31-1-713. Department obligations -- complaints. (1) The department shall maintain, either directly or indirectly through a nationwide licensing system, a list of licensees that is available to and accessible by interested persons and the general public.   (2) The department shall also establish by rule a procedure under which an aggrieved consumer or any member of the public may file a complaint against a licensee or an unlicensed person.   (3) If the department determines there is probable cause to issue and serve a notice under 31-1-712 to a licensed or unlicensed person against whom a complaint has been filed by a consumer or other member of the public, the department is obligated to provide only the licensee or the unlicensed person with the opportunity to request an administrative hearing.   History: En. Sec. 8, Ch. 404, L. 1999; amd. Sec. 8, Ch. 451, L. 2007; amd. Sec. 5, Ch. 277, L. 2013; amd. Sec. 2, Ch. 23, L. 2015.
MT Code § 31-1-715 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-715. Loan requirements -- right of rescission -- arbitration -- completion of transaction

  31-1-715. Loan requirements -- right of rescission -- arbitration -- completion of transaction. (1) A deferred deposit loan may not have a term that exceeds 31 days.   (2) The amount of the deferred deposit loan, exclusive of the fee allowed in 31-1-722(2), may not exceed $300.   (3) The minimum amount of a deferred deposit loan is $50.   (4) The check written by the consumer in a deferred deposit loan must be made payable to the licensee.   (5) (a) The loan agreement must contain a provision that the consumer may rescind the transaction if, by 5 p.m. of the licensee's first business day following the day that the loan was executed, the consumer provides the licensee with cash or certified funds equaling 100% of the amount loaned to the consumer.   (b) A licensee may not charge a consumer any fee or interest if the consumer rescinds the loan as provided in subsection (5)(a).   (c) Except as provided in subsection (5)(a), a consumer does not have a right to rescind the loan unless the licensee agrees to the rescission.   (6) (a) A loan agreement may not contain a mandatory arbitration clause that is oppressive, unconscionable, unfair, or in substantial derogation of a consumer's rights.   (b) A mandatory arbitration clause that complies with the applicable standards of the American arbitration association must be presumed to not violate the provisions of subsection (6)(a).   (7) Only the licensee may make an electronic deduction from the consumer's account. The licensee shall ensure that information obtained from the consumer about the consumer's account remains confidential.   (8) The licensee shall provide the consumer, or each consumer if there is more than one, with a copy of the loan documents described in 31-1-721 upon consummation of the loan.   (9) The holder or assignee of any check written by a consumer in connection with a deferred deposit loan takes the instrument subject to all claims and defenses of the consumer.   (10) A deferred deposit loan transaction is completed when the licensee receives payment in full from the consumer in cash or, if payment is made by check or electronic transfer from the consumer's account, when the check or electronic transfer is debited to the consumer's account by the consumer's financial institution. Once a deferred deposit loan transaction is complete, a licensee may enter into a new deferred deposit loan with the consumer. Deferred deposit loans may not be renewed or extended.   History: En. Sec. 10, Ch. 404, L. 1999; amd. Sec. 6, Ch. 81, L. 2001; amd. Sec. 1, Ch. 210, L. 2005; amd. Sec. 10, Ch. 451, L. 2007.
MT Code § 31-1-716 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-716. through 31-1-720 reserved

  31-1-716 through 31-1-720 reserved.
MT Code § 31-1-721 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-721. Required disclosures -- loan agreement

  31-1-721. Required disclosures -- loan agreement. (1) Before entering into a deferred deposit loan, the licensee shall deliver to the consumer a pamphlet prepared by or at the direction of the department that:   (a) explains, in simple language, all of the consumer's rights and responsibilities in a deferred deposit loan transaction;   (b) includes a telephone number to the department's office that handles concerns or complaints by consumers; and   (c) informs consumers that the department's office can provide information about whether a lender is licensed and other legally available information.   (2) Licensees shall provide consumers with a written agreement on a form specified or approved by the department that can be kept by the consumer, which must include the following information:   (a) the name, address, and phone number of the licensee making the deferred deposit loan and the initials or other written means of identifying the individual employee who signs the agreement on behalf of the licensee;   (b) the name, address, and phone number of the consumer obtaining the deferred deposit loan;   (c) all disclosures required by the federal Truth in Lending Act, 15 U.S.C. 1601, et seq.;   (d) a clear description of the consumer's payment obligations under the loan; and   (e) in a manner that is more conspicuous than the other information provided in the loan document and that is in at least 14-point bold typeface, a statement that "you cannot be prosecuted in criminal court for collection of this loan". The statement must be located immediately preceding the signature of the consumer.   History: En. Sec. 11, Ch. 404, L. 1999; amd. Sec. 3, Ch. 221, L. 2003; amd. Sec. 11, Ch. 451, L. 2007.
MT Code § 31-1-722 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-722. Prohibited and permitted fees -- attorney fees and costs

  31-1-722. Prohibited and permitted fees -- attorney fees and costs. (1) A licensee may not charge or receive, directly or indirectly, any interest, fees, or charges except those specifically authorized by this section.   (2) A licensee may not charge a fee for making or carrying each deferred deposit loan authorized by this part that exceeds 36% per annum, exclusive of the insufficient funds fees authorized in subsections (3) and (4).   (3) If there are insufficient funds to pay a check on the date of presentment, a licensee may charge a fee, not to exceed $30. Only one fee may be collected pursuant to this subsection with respect to a particular check even if it has been redeposited and returned more than once. A fee charged pursuant to this subsection is a licensee's exclusive charge for late payment. A licensee or any collection agency acting as an agent of a licensee, as a holder in due course of a licensee, or under an agreement with a licensee to collect amounts due or asserted to be due may not collect damages under 27-1-717(3) for an insufficient funds check.   (4) If the loan involves an electronic deduction and there are insufficient funds to deduct on the date on which the payment is due, a licensee may charge a fee, not to exceed $30. Only one fee may be collected pursuant to this subsection with respect to a particular loan even if the licensee has attempted more than once to deduct the amount due from the consumer's account. A fee charged pursuant to this subsection is a licensee's exclusive charge for late payment. A licensee or any collection agency acting as an agent of a licensee, as a holder in due course of a licensee, or under an agreement with a licensee to collect amounts due or asserted to be due may not collect damages under 27-1-717(3) for an electronic deduction for which there are insufficient funds.   (5) If the loan agreement in 31-1-721 requires, reasonable attorney fees and court costs may be awarded to the party in whose favor a final judgment is rendered in any action on a deferred deposit loan entered into pursuant to this part.   History: En. Sec. 12, Ch. 404, L. 1999; amd. Sec. 7, Ch. 81, L. 2001; amd. Sec. 4, Ch. 221, L. 2003; amd. Sec. 6, Ch. 81, L. 2009; amd. Sec. 6, I.M. No. 164, approved Nov. 2, 2010.
MT Code § 31-1-724 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-724. Civil remedies

  31-1-724. Civil remedies. (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.   (2) Any intentional violation of this part constitutes an unfair or deceptive trade practice.   (3) Any person found to have intentionally violated this part is liable to the consumer for actual and consequential damages, plus statutory damages of $1,000 for each violation, plus costs and attorney fees.   (4) A consumer may sue for injunctive and other appropriate equitable relief to stop a person from violating any provisions of this part.   (5) The consumer may bring a class action suit to enforce this part.   (6) The remedies provided in this section are not intended to be the exclusive remedies available to a consumer for a violation of this part.   History: En. Sec. 14, Ch. 404, L. 1999; amd. Sec. 5, Ch. 221, L. 2003.
MT Code § 31-1-725 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-725. Repealed

  31-1-725. Repealed. Sec. 9, Ch. 23, L. 2015.   History: En. Sec. 15, Ch. 404, L. 1999.
MT Code § 31-1-726 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 1. Credit Transactions|Part 7. Montana Deferred Deposit Loan Act|31-1-726. Investigations by department -- subpoenas -- oaths -- examination of witnesses and evidence

  31-1-726. Investigations by department -- subpoenas -- oaths -- examination of witnesses and evidence. (1) The department may investigate any matter, upon complaint or otherwise, if it appears that a person has engaged in or offered to engage in any act or practice that is in violation of any provision of this part or any rule adopted or order issued by the department pursuant to this part.  (2) The department may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control, or supervision pertaining to this part. The department may administer oaths and affirmations to a person whose testimony is required.   (3) If a person refuses to obey a subpoena or to give testimony or produce evidence as required by the subpoena, a judge of the district court in the county in which the licensed premises or the person's principal place of business is located or where the person resides may, upon application and proof of the refusal, issue a subpoena or subpoena duces tecum for the witness to appear before the department to give testimony and produce evidence as may be required. The clerk of court shall then issue the subpoena, as directed, under the seal of the court, requiring the person to whom it is directed to appear at the time and place designated in the subpoena.   (4) If a person served with a subpoena refuses to obey the subpoena or to give testimony or produce evidence as required by the subpoena, the department may proceed under the contempt provisions of Title 3, chapter 1, part 5.   (5) Failure to comply with a court-ordered subpoena is punishable pursuant to 45-7-309.   History: En. Sec. 13, Ch. 451, L. 2007; amd. Sec. 12, Ch. 535, L. 2021.