reglab/housing_qa huggingface dataset:
MT Code § 30-14-115 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-115. Service of process -- how made

  30-14-115. Service of process -- how made. 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.   History: En. Sec. 12, Ch. 275, L. 1973; R.C.M. 1947, 85-412.
MT Code § 30-14-116 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-116. through 30-14-120 reserved

  30-14-116 through 30-14-120 reserved.
MT Code § 30-14-121 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-121. Duties of county attorney

  30-14-121. Duties of county attorney. 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 procedures and prosecute actions in the same manner as provided for the department. If an action is prosecuted by the county attorney alone, the county attorney shall notify the department as to the nature of the action and the parties to the action within 30 days of the filing of the action. The county attorney shall report on the action to the department within 30 days of the final disposition of the matter.   History: En. Sec. 16, Ch. 275, L. 1973; amd. Sec. 1, Ch. 407, L. 1977; R.C.M. 1947, 85-416; amd. Sec. 2, Ch. 280, L. 2005.
MT Code § 30-14-122 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-122. Employment of investigator by county attorney

  30-14-122. Employment of investigator by county attorney. 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.   History: En. Sec. 17, Ch. 275, L. 1973; R.C.M. 1947, 85-417; amd. Sec. 29, Ch. 128, L. 2011.
MT Code § 30-14-123 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-123. through 30-14-130 reserved

  30-14-123 through 30-14-130 reserved.
MT Code § 30-14-131 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-131. Restoration -- court orders

  30-14-131. Restoration -- court orders. (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 a license or certificate authorizing a person to engage in business in this state, or both.   (2) The court shall award reasonable attorney fees to the prevailing party for bringing a successful action under this part.   (3) The court may enter any other order or judgment required by equity to carry out the provisions of this part.   History: En. Sec. 6, Ch. 275, L. 1973; R.C.M. 1947, 85-406; amd. Sec. 4, Ch. 322, L. 2003; amd. Sec. 3, Ch. 280, L. 2005.
MT Code § 30-14-132 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-132. Powers of receiver -- proof of damages -- jurisdiction

  30-14-132. Powers of receiver -- proof of damages -- jurisdiction. (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 action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by this part, including property with which the property has been mingled if it cannot be identified in kind because of the commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds of the property under the direction of the court.   (2) Any person who has suffered damages as a result of the use or employment of any unlawful practice and submits proof to the satisfaction of the court that the person has in fact been damaged may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses.   (3) In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court.   (4) The court has jurisdiction of all questions arising in the proceedings and may make orders and judgments as may be required.   History: En. Sec. 7, Ch. 275, L. 1973; amd. Sec. 8, Ch. 265, L. 1977; R.C.M. 1947, 85-407; amd. Sec. 957, Ch. 56, L. 2009.
MT Code § 30-14-133 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-133. Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence

  30-14-133. Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence. (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 action but not a class action under the rules of civil procedure in the district court of the county in which the seller, lessor, or service provider resides or has its principal place of business or is doing business to recover money damages in the amount of any ascertainable loss of money or property or $500, whichever is greater. An individual claim may be brought in justice's court. The court may not award punitive damages but may, in its discretion, award up to three times the money damages in the amount of any ascertainable loss of money or property sustained, if actual damages do not exceed $100,000, and may provide any other equitable relief that it considers necessary or proper.  (b) A consumer may not bring or maintain an action under this section if the consumer is bringing an action subject to 70-19-427 or 70-19-428 against a construction professional.   (2) Upon commencement of any action brought under subsection (1), the clerk of court shall mail a copy of the complaint or initial pleading to the department and the appropriate county attorney and, upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree to the department and the appropriate county attorney.   (3) In any action brought under this section, the court may award the prevailing party reasonable attorney fees incurred in prosecuting or defending the action, except that attorney fees may not be awarded if the consumer recovers actual damages of $100,000 or more. Attorney fees are limited to no more than $250 an hour. A person who brings an action on the person's own behalf without an attorney may receive attorney fees at the judge's discretion.   (4) Any permanent injunction, judgment, or order of the court made under 30-14-111 is prima facie evidence in an action brought under this section that the respondent used or employed a method, act, or practice declared unlawful by 30-14-103.   History: En. Sec. 8, Ch. 275, L. 1973; amd. Sec. 9, Ch. 265, L. 1977; R.C.M. 1947, 85-408; amd. Sec. 5, Ch. 322, L. 2003; amd. Sec. 1, Ch. 46, L. 2021; amd. Sec. 1, Ch. 521, L. 2021.
MT Code § 30-14-134 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-134. Enforcement of department orders -- contempt

  30-14-134. Enforcement of department orders -- contempt. 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 restrain the person from engaging in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation;   (2) vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state; revoking or suspending the certificate of authority to do business in this state of a foreign corporation; or revoking or suspending any other licenses, permits, or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice; and   (3) granting such other relief as may be required until the person files the statement or report or obeys the subpoena or investigative demand. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.   History: En. Sec. 13, Ch. 275, L. 1973; R.C.M. 1947, 85-413.
MT Code § 30-14-135 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-135. through 30-14-140 reserved

  30-14-135 through 30-14-140 reserved.
MT Code § 30-14-141 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-141. Dissolution or forfeiture of corporate franchise

  30-14-141. Dissolution or forfeiture of corporate franchise. 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.   History: En. Sec. 15, Ch. 275, L. 1973; R.C.M. 1947, 85-415.
MT Code § 30-14-142 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-142. Penalties

  30-14-142. Penalties. (1) In addition to any fine that a person might be subject to under subsection (2), a person who violates the terms of an injunction or temporary restraining order issued under 30-14-111 shall forfeit and pay to the state a civil fine of not more than $10,000 for each violation. For the purposes of this section, the district court issuing an injunction or temporary restraining order retains jurisdiction and the cause must be continued, and in those cases, the department, acting in the name of the state, may petition for recovery of civil penalties.   (2) In an action brought under 30-14-111, if the court finds that a person is willfully using or has willfully used a method, act, or practice declared unlawful by 30-14-103, the department, upon petition to the court, may recover on behalf of the state a civil fine of not more than $10,000 for each violation. The fine provided for in this subsection is in addition to any liability that a person might be subject to under subsection (1).   (3) A person who engages in a fraudulent course of conduct declared unlawful by 30-14-103 shall upon conviction be fined an amount not more than $5,000, imprisoned for not more than 1 year, or both, in the discretion of the court. This subsection does not limit any other provision of this part.   (4) For purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that the conduct was a violation of 30-14-103.   History: En. Sec. 14, Ch. 275, L. 1973; R.C.M. 1947, 85-414; amd. Sec. 8, Ch. 137, L. 1979; amd. Sec. 2, Ch. 394, L. 1979; amd. Sec. 15, Ch. 342, L. 1999; amd. Sec. 6, Ch. 322, L. 2003.
MT Code § 30-14-143 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-143. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees

  30-14-143. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees. (1) (a) Except as provided in subsection (1)(c), 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.  (b) 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.   (c) All civil fines received or recovered by the department pursuant to 30-14-144 must be deposited in the general fund.   (2) All civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees received or recovered by a county attorney pursuant to this part must be paid to the general fund of the county in which the action was commenced.   History: En. Sec. 1, Ch. 136, L. 2003; amd. Sec. 4, Ch. 280, L. 2005; amd. Sec. 2, Ch. 217, L. 2013; amd. Sec. 1, Ch. 256, L. 2021.
MT Code § 30-14-144 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-144. Additional penalty for unfair or deceptive act committed against older person or developmentally disabled person

  30-14-144. Additional penalty for unfair or deceptive act committed against older person or developmentally disabled person. (1) In addition to any civil penalty imposed pursuant to 30-14-142, a person who engages in a practice unlawful under 30-14-103 and whose conduct is perpetrated against an older person or against a developmentally disabled person is liable for an additional civil penalty not to exceed $10,000 for each violation if the court finds that:   (a) the person knew or should have known that the person's conduct was directed toward one or more older or developmentally disabled persons; or   (b) the person's conduct caused an older or developmentally disabled person to suffer one of the following:   (i) loss or encumbrance of a primary residence;   (ii) loss of principal employment or other source of income;   (iii) substantial loss of property set aside for retirement or for personal or family care and maintenance;   (iv) substantial loss of payments received under a pension or retirement plan or a government benefits program; or   (v) loss of assets essential to the health or welfare of the older or disabled person.   (2) Damages awarded in an action under 30-14-133 must be given priority over imposition of civil penalties ordered by the court under this section.   (3) As used in this section:   (a) "developmentally disabled person" means a person with a developmental disability as defined in 53-20-102; and   (b) "older person" has the meaning provided in 52-3-803.   History: En. Sec. 1, Ch. 217, L. 2013.
MT Code § 30-14-145 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-145. through 30-14-150 reserved

  30-14-145 through 30-14-150 reserved.
MT Code § 30-14-151 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-151. Renumbered 30-14-2201

  30-14-151. Renumbered 30-14-2201. Code Commissioner, 2017.
MT Code § 30-14-152 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-152. Renumbered 30-14-2202

  30-14-152. Renumbered 30-14-2202. Code Commissioner, 2017.
MT Code § 30-14-153 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-153. Renumbered 30-14-2203

  30-14-153. Renumbered 30-14-2203. Code Commissioner, 2017.
MT Code § 30-14-154 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-154. Renumbered 30-14-2204

  30-14-154. Renumbered 30-14-2204. Code Commissioner, 2017.
MT Code § 30-14-155 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-155. Renumbered 30-14-2205

  30-14-155. Renumbered 30-14-2205. Code Commissioner, 2017.
MT Code § 30-14-156 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-156. Renumbered 30-14-2206

  30-14-156. Renumbered 30-14-2206. Code Commissioner, 2017.
MT Code § 30-14-157 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-157. Renumbered 30-14-2207

  30-14-157. Renumbered 30-14-2207. Code Commissioner, 2017.
MT Code § 30-14-201 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-201. Purpose

  30-14-201. Purpose. The legislature declares that the purpose of this part is to safeguard the public against the creation or perpetuation of monopolies and foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This part must be liberally construed so that its beneficial purposes may be accomplished.   History: En. Sec. 14, Ch. 80, L. 1937; Sec. 51-117, R.C.M. 1947; amd. and redes. 51-501 by Sec. 1, Ch. 518, L. 1977; R.C.M. 1947, 51-501; amd. Sec. 5, Ch. 280, L. 2005.
MT Code § 30-14-202 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-202. Definitions

  30-14-202. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:   (1) (a) "Article of commerce" includes but is not limited to any commodity, product, service or output of a service trade, or any product of the soil.   (b) The term does not include a product or service of a public utility.   (2) "Business" includes any person, domestic or foreign, engaged in the production, manufacture, distribution, purchasing, or sale of any article of commerce within the state of Montana.   (3) (a) "Cost", as applied to production, includes the cost of raw materials, labor, and all overhead expenses of the producer.   (b) Cost, as applied to distribution, means either the invoice price of the article or product sold or the cost to the dealer or vendor for replacing the article or product in the quantity last purchased within 90 days prior to the sale of the article or product, whichever is less, minus all trade discounts except customary cash discounts plus the cost of doing business by the vendor.   (4) "Cost of doing business" or "overhead expense" includes all costs of doing business incurred in the conduct of a business and includes but is not limited to the following items of expense:   (a) labor (including salaries of executives and officers);   (b) rent;   (c) interest on borrowed capital;   (d) depreciation;   (e) selling cost;   (f) maintenance of equipment;   (g) delivery costs;   (h) credit losses;   (i) all types of licenses;   (j) taxes;   (k) insurance and advertising.   (5) "Customary cash discount" means any allowance not exceeding 2%, whether a part of a larger discount or not, made to a wholesale or retail vendor when the vendor pays for merchandise within a limited or specified time.   (6) "Department" means the department of justice provided for in 2-15-2001.   (7) "Person" includes any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state.   (8) "Vendor" includes not only any person acting as one known generally and legally as a vendor but also any person who performs work upon, renovates, alters, or improves any personal property belonging to another person.   History: En. 51-502 by Sec. 2, Ch. 518, L. 1977; R.C.M. 1947, 51-502; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 67, Ch. 483, L. 2001; amd. Sec. 6, Ch. 280, L. 2005.
MT Code § 30-14-203 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-203. Persons responsible

  30-14-203. Persons responsible. Any person who, either as director, officer, or agent of any business or as agent of any person, assists or aids, directly or indirectly, in a violation of this part is responsible for the violation equally with the person or business for whom or for which the person acts.   History: En. Sec. 2, Ch. 80, L. 1937; Sec. 51-102, R.C.M. 1947; amd. and redes. 51-503 by Sec. 3, Ch. 518, L. 1977; R.C.M. 1947, 51-503; amd. Sec. 135, Ch. 575, L. 1981; amd. Sec. 958, Ch. 56, L. 2009.
MT Code § 30-14-204 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-204. Proof of intent

  30-14-204. Proof of intent. In an injunction proceeding or in the prosecution of a person acting as an officer, director, or agent, it is sufficient to allege and prove the unlawful intent of the person or business for whom or for which the person acts.   History: En. 51-504 by Sec. 4, Ch. 518, L. 1977; R.C.M. 1947, 51-504; amd. Sec. 136, Ch. 575, L. 1981; amd. Sec. 959, Ch. 56, L. 2009.