reglab/housing_qa huggingface dataset:
MT Code § 30-14-1703 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1703. Record destruction

  30-14-1703. Record destruction. A business shall take all reasonable steps to destroy or arrange for the destruction of a customer's records within its custody or control containing personal information that is no longer necessary to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable.   History: En. Sec. 6, Ch. 518, L. 2005.
MT Code § 30-14-1705 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1705. Department to restrain unlawful acts -- penalty

  30-14-1705. Department to restrain unlawful acts -- penalty. (1) Whenever the department has reason to believe that a person has violated this part and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person pursuant to 30-14-111(2).   (2) The provisions of 30-14-111(3) and (4) and 30-14-112 through 30-14-115 apply to this part.   (3) A violation of this part is a violation of 30-14-103, and the penalties for a violation of this part are as provided in 30-14-142.   History: En. Sec. 8, Ch. 518, L. 2005.
MT Code § 30-14-1706 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1706. through 30-14-1711 reserved

  30-14-1706 through 30-14-1711 reserved.
MT Code § 30-14-1712 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1712. Fraudulent electronic misrepresentation -- penalties -- exemption

  30-14-1712. Fraudulent electronic misrepresentation -- penalties -- exemption. (1) An individual or business that, by means of a website, an electronic mail message, or otherwise through the internet, solicits, requests, or takes an action to induce another individual or business to provide personal information by purporting to be a third-party individual or a business without the authority or approval of the third-party individual or business is guilty of a theft of identity, as provided in 45-6-332(1). This crime of fraudulent electronic misrepresentation is commonly known as "phishing".   (2) An individual or a business that is adversely affected by a violation of subsection (1) has a private right of action, as provided in 30-14-1713.   (3) The attorney general or a county attorney in a county where the violation under subsection (1) is reported may bring a criminal action against an individual or a business accused of engaging in a pattern and practice of violating subsection (1) and, in addition to bringing a criminal action, may request a court of competent jurisdiction to issue a temporary injunction against the continued use of a website, an electronic mail message, or the internet by the individual or business served with the injunction.   (4) An internet services provider may not be held liable for identifying, removing, or disabling access to an internet website or other online location if the internet services provider believes that the internet website or other online location is being used to engage in a violation of this section.   History: En. Sec. 1, Ch. 276, L. 2007.
MT Code § 30-14-1713 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1713. Remedies for fraudulent electronic misrepresentation

  30-14-1713. Remedies for fraudulent electronic misrepresentation. (1) A business, including the owner of a website or the owner of a trademark, that is adversely affected by a violation of 30-14-1712(1) may bring an action to recover the greater of actual damages or $500,000.   (2) An individual who is adversely affected by a violation of 30-14-1712(1) may bring an action against an individual or a business that has directly violated 30-14-1712(1) for the greater of three times actual damages or $5,000 for each violation.   History: En. Sec. 2, Ch. 276, L. 2007.
MT Code § 30-14-1714 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1714. through 30-14-1720 reserved

  30-14-1714 through 30-14-1720 reserved.
MT Code § 30-14-1722 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1722. Identity theft impediments -- credit card renewal -- telephone accounts

  30-14-1722. Identity theft impediments -- credit card renewal -- telephone accounts. (1) A credit card issuer that receives a change of address request, other than for a correction of a typographical error, from a cardholder who orders a replacement credit card within 60 days before or after that request is received shall send to that cardholder a change of address notification that is addressed to the cardholder at the cardholder's previous address of record. If the replacement credit card is requested prior to the effective date of the change of address, the notification must be sent within 30 days of the change of address request. If the replacement credit card is requested after the effective date of the change of address, the notification must be sent within 30 days of the request for the replacement credit card.   (2) Any business entity that provides telephone accounts that receives a change of address request, other than for a correction of a typographical error, from an account holder who orders new service shall send to that account holder a change of address notification that is addressed to the account holder at the account holder's previous address of record. The notification must be sent within 30 days of the request for new service.   (3) The notice required pursuant to subsection (1) or (2) may be given by telephone or electronic mail communication if the credit card issuer or business entity that provides telephone accounts reasonably believes that it has the current telephone number or electronic mail address for the account holder or cardholder who has requested a change of address. If the notification is in writing, it may not contain the consumer's account number, social security number, or other personal identifying information but may contain the consumer's name, previous address, and new address of record. For business entities described in subsection (2), the notification may also contain the account holder's telephone number.   (4) A credit card issuer or a business entity that provides telephone accounts is not required to send a change of address notification when a change of address request is made in person by a consumer who has presented valid identification or is made by telephone and the requester has provided a unique alphanumeric password.   (5) As used in this section, the following definitions apply:   (a) "Credit card" has the meaning provided in 30-14-1721.   (b) "Telephone account" means an account with a telecommunications carrier, as defined in 69-3-803.   History: En. Sec. 3, Ch. 518, L. 2005.
MT Code § 30-14-1723 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1723. through 30-14-1725 reserved

  30-14-1723 through 30-14-1725 reserved.
MT Code § 30-14-1726 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1726. Definitions

  30-14-1726. Definitions. As used in 30-14-1726 through 30-14-1736, the following definitions apply:   (1) "Consumer" means an individual, a parent or guardian in the case of a minor or of an incapacitated person as defined in 72-5-101, or a conservator in the case of a protected person as defined in 72-5-101.   (2) "Consumer reporting agency" means any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information on consumers for the purpose of furnishing credit reports to a third party and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports.   (3) "Credit report" means any written, oral, or other communication of any information by a consumer reporting agency:   (a) bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; and   (b) that is used or expected to be used in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:   (i) credit to be used primarily for personal, family, or household purposes;   (ii) employment purposes; or   (iii) any other purpose authorized under 15 U.S.C. 1681(b).   (4) "Person" means an individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.   (5) "Proper identification" means information sufficient to verify identity.   (6) "Reviewing the account" or "account review" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.   (7) (a) "Security freeze" means a notice that:   (i) is placed in a consumer's credit report at the request of the consumer;   (ii) is subject to exceptions and exemptions provided in 30-14-1734;   (iii) prohibits the consumer reporting agency from releasing all or any part of the consumer's credit report or credit score without the express authorization of the consumer, as provided in 30-14-1729.   (b) A security freeze does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.   History: En. Sec. 1, Ch. 138, L. 2007; amd. Sec. 1, Ch. 42, L. 2011.
MT Code § 30-14-1727 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1727. Placement of security freeze

  30-14-1727. Placement of security freeze. (1) A consumer may elect to place a security freeze on the consumer's own credit report by making a request:   (a) in writing by regular or certified mail to a consumer reporting agency at an address designated by the consumer reporting agency to receive the request; or   (b) directly to the consumer reporting agency through a secure electronic connection specified by the consumer reporting agency.   (2) A consumer, acting in the capacity of a parent or guardian in the case of a minor or of an incapacitated person as defined in 72-5-101 or a conservator in the case of a protected person as defined in 72-5-101, may request that a consumer reporting agency place a freeze on the credit report of the minor or incapacitated or protected person by making a request in writing to the consumer reporting agency at an address designated by the consumer reporting agency to receive the request.   History: En. Sec. 2, Ch. 138, L. 2007; amd. Sec. 2, Ch. 42, L. 2011.
MT Code § 30-14-1728 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1728. Consumer reporting agency requirements

  30-14-1728. Consumer reporting agency requirements. (1) Except as provided in subsection (2), a consumer reporting agency shall place a security freeze on a consumer's credit report no later than 5 business days after receiving from the consumer:   (a) a written or electronic request, as provided in 30-14-1727;   (b) proper identification; and   (c) a fee, if applicable.   (2) If a consumer who has been the victim of identity theft, as prescribed by 45-6-332, requests a security freeze, the consumer reporting agency shall place a security freeze on the consumer's credit report no later than 24 hours after receiving notice as provided in 30-14-1727 and a valid police report, investigative report, or complaint that the consumer has filed with a law enforcement agency.   (3) The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 5 business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number, password, or similar device to be used by the consumer when providing authorization for a release of the consumer's credit for a specific party or period of time, as provided in 30-14-1729.   (4) A consumer reporting agency may not suggest or otherwise state or imply to a third party that the consumer's security freeze reflects a negative credit score, history, report, or rating.   History: En. Sec. 3, Ch. 138, L. 2007.
MT Code § 30-14-1730 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1730. Consumer reporting agency security freeze removal procedures -- notification

  30-14-1730. Consumer reporting agency security freeze removal procedures -- notification. (1) A consumer reporting agency shall remove or temporarily lift a security freeze placed on a credit report:   (a) upon the consumer's request pursuant to 30-14-1729 or 30-14-1732; or   (b) if the consumer reporting agency determines that the consumer made a material misrepresentation of fact when requesting the security freeze.   (2) When a consumer reporting agency removes a security freeze as provided in subsection (1)(b), the consumer reporting agency shall notify the consumer in writing at least 5 business days prior to removing the security freeze on the credit report.   History: En. Sec. 5, Ch. 138, L. 2007.
MT Code § 30-14-1731 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1731. Third-party contacts

  30-14-1731. Third-party contacts. If a third party not enumerated in 30-14-1734(1) requests for the purpose of an application access to a credit report on which a security freeze is in effect and the consumer has not provided a temporary lifting of a security freeze for that specific party or a period of time, the third party may treat the application as incomplete.   History: En. Sec. 6, Ch. 138, L. 2007.
MT Code § 30-14-1732 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1732. Security freeze removal procedure

  30-14-1732. Security freeze removal procedure. (1) A security freeze must remain in place until the consumer requests that the security freeze be removed or temporarily lifted as provided in 30-14-1729.   (2) After receiving a request from the consumer to remove a security freeze, a consumer reporting agency shall remove the security freeze within 3 business days of receiving a removal request at the point of contact designated by the consumer reporting agency if the consumer provides the following:   (a) proper identification; and   (b) the unique personal identification number, password, or other device provided by the consumer reporting agency pursuant to 30-14-1728(3).   History: En. Sec. 7, Ch. 138, L. 2007.
MT Code § 30-14-1733 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1733. Notice of rights

  30-14-1733. Notice of rights. A consumer reporting agency shall provide a notice of rights as stated below at any time that a consumer is required to receive a summary of rights required under 15 U.S.C. 1681(g) of the Fair Credit Reporting Act.   NOTICE OF RIGHTS: Montana Consumers Have the Right to Obtain a Security Freeze   You may obtain a security freeze on your credit report to protect your privacy and ensure that credit is not granted in your name without your knowledge. You have a right to place a security freeze on your credit report pursuant to Montana law.   The security freeze will prohibit a consumer reporting agency from releasing any information in your credit report without your express authorization or approval.   The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. When you place a security freeze on your credit report, within 5 business days you will be provided a personal identification number, password, or other device to use if you choose to remove the security freeze on your credit report or to temporarily authorize the release of your credit report for a specific party, parties, or period of time after the security freeze is in place. To provide that authorization, you shall contact the consumer reporting agency and provide all of the following:   (1) the unique personal identification number, password, or other device provided by the consumer reporting agency;   (2) the proper identification to verify your identity;   (3) the proper information regarding the third party or parties who are to receive the credit report or the period of time for which the credit report is to be available to users of the credit report; and   (4) a fee, if applicable.   A consumer reporting agency that receives a request from a consumer to temporarily lift a security freeze on a credit report shall comply no later than 3 business days after receiving the request or, after January 31, 2009, within 15 minutes of receiving a request by telephone or through a secure electronic connection.   A security freeze does not apply to circumstances in which you have an existing account relationship and a copy of your credit report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control, or similar activities.   You have a right to bring a civil action against someone who violates your rights under the credit reporting laws. The action may be brought against a consumer reporting agency or a user of your credit report.   History: En. Sec. 8, Ch. 138, L. 2007.
MT Code § 30-14-1735 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1735. Fees

  30-14-1735. Fees. (1) Except as provided in subsection (2), a consumer reporting agency may charge an administrative fee, not to exceed $3, to a consumer for each security freeze or temporary lifting of a security freeze as provided in 30-14-1729, but not for removal of a security freeze as provided in 30-14-1732.   (2) A consumer reporting agency may not charge a fee under 30-14-1728 to a consumer who has been the victim of identity theft and who has submitted to the consumer reporting agency a valid police report, an investigative report, or a complaint that the consumer has filed with a law enforcement agency.   (3) A consumer may be charged a reasonable fee, not to exceed $5, if the consumer fails to retain the original personal identification number, password, or other device provided by the consumer reporting agency and if the consumer asks the consumer reporting agency to reissue the same or a new personal identification number, password, or other device.   History: En. Sec. 10, Ch. 138, L. 2007.
MT Code § 30-14-1736 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1736. Violations -- penalties

  30-14-1736. Violations -- penalties. (1) A person who willfully fails to comply with any requirements imposed in 30-14-1727 through 30-14-1735 with respect to a consumer is liable to that consumer in an amount equal to the sum of:   (a) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or   (b) punitive damages in an amount that the court may allow; and   (c) the costs of the action together with reasonable attorney fees as determined by the court in the case of a successful action to enforce liability under this section.   (2) A person who obtains a credit report or requests a security freeze, the temporary lifting of a security freeze, or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law is liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.   (3) A person who negligently fails to comply with any requirement imposed in 30-14-1727 through 30-14-1735 with respect to any consumer is liable to that consumer in an amount equal to the sum of:   (a) any actual damages sustained by the consumer as a result of the failure; and   (b) the costs of the action together with reasonable attorney fees as determined by the court in the case of a successful action to enforce liability under this section.   (4) If a court finds that an unsuccessful pleading, motion, or other paper filed under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party reasonable attorney fees as determined by the court.   History: En. Sec. 11, Ch. 138, L. 2007.
MT Code § 30-14-2001 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 20. Montana Consumer Debt Management Services Act|30-14-2001. Short title

  30-14-2001. Short title. This part may be cited as the "Montana Consumer Debt Management Services Act".   History: En. Sec. 1, Ch. 272, L. 2005.
MT Code § 30-14-2002 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 20. Montana Consumer Debt Management Services Act|30-14-2002. Scope

  30-14-2002. Scope. (1) The provisions of this part apply to any person that provides or offers to provide debt management plans to residents of this state.   (2) The provisions of this part do not apply to:   (a) banking institutions, as defined in 32-1-601, building and loan associations, credit unions, escrow businesses, as defined in 32-7-102, or title companies;   (b) the services of an attorney licensed to practice law in this state if providing credit counseling services is incidental to and not the principal business of the attorney;   (c) the services of a certified public accountant licensed to practice accounting in this state if providing credit counseling services is incidental to and not the principal business of the certified public accountant; and   (d) debt collectors that do not advertise or hold themselves out as a credit counseling service.   History: En. Sec. 2, Ch. 272, L. 2005.