reglab/housing_qa huggingface dataset:
MT Code § 30-14-205 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-205. Unlawful restraint of trade

  30-14-205. Unlawful restraint of trade. It is unlawful for a person or group of persons, directly or indirectly:   (1) to enter an agreement for the purpose of fixing the price or regulating the production of an article of commerce;   (2) for the purpose of creating or carrying out any restriction in trade, to:   (a) limit productions;   (b) increase or reduce the price of merchandise or commodities;   (c) prevent competition in the distribution or sale of merchandise or commodities;   (d) fix a standard or figure whereby the price of an article of commerce intended for sale, use, or consumption will be in any way controlled;   (e) agree to add to a bid for any contract an amount, fixed by percentage or otherwise, for the purpose of making a refund or sharing costs of bidding with any other bidder;   (f) return a part of any amount added to a bid by collusive agreement among bidders to any person;   (g) create a monopoly in the manufacture, sale, or transportation of an article of commerce;   (h) enter into an agreement which binds any person not to manufacture, sell, or transport an article of commerce below a common standard or figure or which keeps such article or transportation at a fixed or graduated figure or by which the price of such article is settled so as to preclude unrestricted competition.   History: En. 51-505 by Sec. 5, Ch. 518, L. 1977; R.C.M. 1947, 51-505.
MT Code § 30-14-206 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-206. Labor excepted

  30-14-206. Labor excepted. The provisions of 30-14-205 do not apply to any arrangements, agreement, or combination between laborers made with the object of lessening the number of hours of labor or increasing wages.   History: En. Sec. 2, Ch. 97, L. 1909; re-en. Sec. 10902, R.C.M. 1921; re-en. Sec. 10902, R.C.M. 1935; Sec. 94-1105, R.C.M. 1947; redes. 51-402 by Sec. 29, Ch. 513, L. 1973; amd. and redes. 51-506 by Sec. 6, Ch. 518, L. 1977; R.C.M. 1947, 51-506.
MT Code § 30-14-207 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-207. Unfair competition in sales

  30-14-207. Unfair competition in sales. (1) It is unlawful for any business, with the intent to destroy the competition of any regular established dealer of any article of commerce or to prevent the competition of any person who in good faith intends or attempts to become such dealer, to discriminate between different localities in this state by selling or furnishing such article at a lower rate in one locality than in another, after making allowance for difference, if any, in the grade, quality, quantity, and actual cost of transportation from the point of production or manufacture of the article.   (2) This section does not prohibit the meeting in good faith of a competitive rate or prevent a reasonable classification of service by public utilities for the purpose of establishing rates.   (3) The prohibition against locality discrimination includes any scheme of special rebates, collateral contracts, or any device of any nature whereby such discrimination is, in substance or fact, effected in violation of the spirit and intent of this section.   (4) Willfully and knowingly advertising, offering for sale, or selling any commodity at less than the price stipulated in a contract entered into under this section, whether or not the person so advertising, offering for sale, or selling is a party to such contract, is unfair competition, and a person damaged thereby may bring an action.   History: En. 51-507 by Sec. 7, Ch. 518, L. 1977; R.C.M. 1947, 51-507.
MT Code § 30-14-208 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-208. Unfair competition in purchasing

  30-14-208. Unfair competition in purchasing. (1) Any business which, for the purpose of creating a monopoly or destroying the business of a regularly established dealer or preventing the competition of any person who in good faith intends or attempts to become such dealer, discriminates between different persons or localities of this state by purchasing any article of commerce at a higher rate or price in one locality than in another, after making due allowance for the difference in the actual cost of transportation from the point of purchase to the point of manufacture, sale, storage, or distribution and for the difference in the grade and quality of such article, is guilty of unfair discrimination, which is prohibited and unlawful.   (2) Proof that any person has paid a higher rate or price for any article of commerce in one locality than in another, after making due allowance for the difference in the actual cost of transportation and for the difference in the grade and quality of such article, shall be prima facie evidence of a violation of this section.   (3) The payment of a higher rate or price in one locality than in another, after making such allowance provided above, is not unfair discrimination provided such higher rate or price is paid for the purpose of meeting the rate or price set by a competitor in such locality. The burden of proof of such fact is upon the person charged with unfair discrimination.   History: En. 51-508 by Sec. 8, Ch. 518, L. 1977; R.C.M. 1947, 51-508.
MT Code § 30-14-209 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-209. Sales at less than cost forbidden

  30-14-209. Sales at less than cost forbidden. It is unlawful for a vendor to sell, offer for sale, or advertise for sale any article of commerce at less than the cost thereof to the vendor or to give, offer to give, or advertise the intent to give away any article of commerce for the purpose of injuring competitors and destroying competition.   History: En. 51-509 by Sec. 9, Ch. 518, L. 1977; R.C.M. 1947, 51-509.
MT Code § 30-14-210 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-210. Cost survey as evidence of cost

  30-14-210. Cost survey as evidence of cost. Whenever a particular trade or industry, of which the person complained against is a member, has an established cost survey for the locality in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person complained against.   History: En. 51-510 by Sec. 10, Ch. 518, L. 1977; R.C.M. 1947, 51-510.
MT Code § 30-14-211 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-211. Establishing cost survey

  30-14-211. Establishing cost survey. (1) The department shall, whenever application has been made by 10 or more persons within a particular trade or business, as soon as possible, fix a time for a public hearing upon the question of whether the cost survey should be established and, if so, upon the matter of establishing the cost survey. The hearing must be held at the office of the department and upon notice that the department may require by rule. However, notice of the hearing must be published for at least 2 successive weeks in the daily newspaper or newspapers designated by the department as the most commonly circulated in the counties affected by the cost survey. The notice must further state the locality or area in respect to which the cost survey is proposed to be established and the particular trade or business to be affected by it.   (2) At the time fixed in the notice any person may appear and be heard by the department upon all questions to be determined by the department as provided in this section. If the department determines that a cost survey should be established, it shall at the same hearing proceed to classify and define the particular trade or business, or parts of a particular trade or business, to be affected, determine the particular area within which the trade or business will be affected, and find and determine the probable cost of doing business or overhead expense, stated in percentage of invoice or replacement cost that would probably be incurred by the most efficient person in the trade or business within the area.   (3) If the department determines that the probable cost of doing business or overhead expense stated in percentage of invoice or replacement cost that would probably be incurred by the most efficient person in the trade or business is the same for the entire state, then the department may, upon proper notice given as provided in this section, create one trade area embracing the entire state.   (4) The percentage so determined must be presumed to be the actual cost of doing business and overhead expense of any person in the trade or business and within the area affected by the cost survey.   History: En. Sec. 12A, Ch. 80, L. 1937, added by Sec. 2, Ch. 50, L. 1939; amd. Sec. 1, Ch. 21, L. 1945; amd. Sec. 2, Ch. 129, L. 1949; amd. Sec. 122, Ch. 431, L. 1975; Sec. 51-114, R.C.M. 1947; amd. and redes. 51-511 by Sec. 11, Ch. 518, L. 1977; R.C.M. 1947, 51-511; amd. Sec. 7, Ch. 322, L. 2003.
MT Code § 30-14-212 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-212. Forced sales not basis of cost price

  30-14-212. Forced sales not basis of cost price. In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced, bankrupt, closeout, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost as of the date of sale of the article or product replaced through the ordinary channels of trade, unless:   (1) the article or product is kept separate from goods purchased in the ordinary channels of trade;   (2) the article or product is advertised and sold as merchandise purchased at a forced, bankrupt, or closeout sale or by means other than through the ordinary channels of trade and such advertising states the conditions under which the goods were purchased and the quantity of merchandise to be sold or offered for sale.   History: En. Sec. 4, Ch. 80, L. 1937; Sec. 51-104, R.C.M. 1947; amd. and redes. 51-512 by Sec. 12, Ch. 518, L. 1977; R.C.M. 1947, 51-512.
MT Code § 30-14-213 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-213. Sales excepted

  30-14-213. Sales excepted. Sections 30-14-209, 30-14-210, and 30-14-212 do not apply to any sale made:   (1) in closing out in good faith the owner's stock or any part of the stock for the purpose of discontinuing the owner's trade in any article of commerce;   (2) of seasonal goods;   (3) in good faith of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public;   (4) when the goods are damaged or deteriorated in quality and notice is given to the public;   (5) by an officer acting under the orders of any court;   (6) in a good faith endeavor to meet the legal prices of a competitor selling the same article of commerce in the same locality or trade area; or   (7) to the state of Montana or any of its institutions.   History: En. Sec. 6, Ch. 80, L. 1937; amd. Sec. 1, Ch. 100, L. 1941; Sec. 51-107, R.C.M. 1947; amd. and redes. 51-513 by Sec. 13, Ch. 518, L. 1977; R.C.M. 1947, 51-513; amd. Sec. 960, Ch. 56, L. 2009.
MT Code § 30-14-214 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-214. Fair price for agricultural products

  30-14-214. Fair price for agricultural products. (1) The following method shall be used in determining fair prices for agricultural products sold on local markets in a trade area, district, or city in which the major portion of an agricultural commodity or product is produced within or adjacent to the trade area, city, or district:   (a) When 75% of the producers of an agricultural product or commodity marketing those products or commodities within a trade area, district, or city determine what is a fair price based upon competitive and other factors for their product or commodity, it shall be the fair price for that product or commodity under the terms of this part.   (b) Those producers through their agents shall file with the department the fair price and request a hearing for the establishment of fair prices to jobbers, wholesalers, retailers, and consumers of the agricultural products or commodities. An organization representing consumers may not be denied representation at the hearing.   (2) After the establishment of a schedule of fair prices for the agricultural products or commodities, it is a violation of this part for a producer, jobber, wholesaler, or retailer to sell or buy an agricultural commodity or product below the price established by the department. Such action is punishable under the terms provided in this part.   History: En. Sec. 5-A, Ch. 80, L. 1937; amd. Sec. 120, Ch. 431, L. 1975; Sec. 51-106, R.C.M. 1947; amd. and redes. 51-514 by Sec. 14, Ch. 518, L. 1977; R.C.M. 1947, 51-514.
MT Code § 30-14-215 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-215. Repealed

  30-14-215. Repealed. Sec. 17, Ch. 322, L. 2003.   History: En. Sec. 7, Ch. 80, L. 1937; Sec. 51-108, R.C.M. 1947; amd. and redes. 51-515 by Sec. 15, Ch. 518, L. 1977; R.C.M. 1947, 51-515.
MT Code § 30-14-216 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-216. Pooling of grain prohibited

  30-14-216. Pooling of grain prohibited. (1) It is unlawful for any person engaged in the buying, selling, or handling of grain in any public local warehouse in this state or for the local agent in charge of such warehouse or any other agent of the person operating the same to enter into a contract, agreement, or understanding with any other person owning or operating any other public local warehouse at any railway station or with its agent whereby:   (a) the amount of grain to be received or handled by the warehouses at such station is to be equalized or pooled between the warehouses;   (b) the profits or earnings derived from the warehouses are to be divided, pooled, or apportioned in any manner; or   (c) the price to be paid for any kind of grain at such station is to be fixed or in any manner affected.   (2) Each day of the continuance of any such agreement, contract, or understanding constitutes a separate offense.   History: En. Sec. 1, Ch. 69, L. 1915; re-en. Sec. 10912, R.C.M. 1921; Sec. 94-1115, R.C.M. 1947; redes. 51-411 by Sec. 29, Ch. 513, L. 1973; re-en. Sec. 10912, R.C.M. 1935; amd. and redes. 51-516 by Sec. 16, Ch. 518, L. 1977; R.C.M. 1947, 51-516.
MT Code § 30-14-217 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-217. Destruction of food

  30-14-217. Destruction of food. It is unlawful for any person to destroy or to withhold from sale for a period of time which makes it necessary to destroy, in restraint of trade, any fish, fowl, animal, vegetable, or other product or article which is customary or proper food for human beings and is in fit sanitary condition to be used as such.   History: En. Sec. 1, Ch. 16, L. 1919; re-en. Sec. 10914, R.C.M. 1921; Sec. 94-1117, R.C.M. 1947; redes. 51-413 by Sec. 29, Ch. 513, L. 1973; re-en. Sec. 10914 R.C.M.; amd. and redes. 51-517, by Sec. 17, Ch. 518, L. 1977; R.C.M. 1947, 51-517.
MT Code § 30-14-218 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-218. Alteration of invoices prohibited

  30-14-218. Alteration of invoices prohibited. It is unlawful for a person to change, alter, substitute, or falsify an invoice if the practice tends to injure a competitor, destroy competition, or mislead a court or the department. Such practice is unfair trade practice and a person resorting to that trade practice is guilty of a misdemeanor and is subject to the penalties provided in 30-14-224.   History: En. Sec. 4, Ch. 50, L. 1939; amd. Sec. 124, Ch. 431, L. 1975; Sec. 51-116, R.C.M. 1947; amd. and redes. 51-518 by Sec. 18, Ch. 518, L. 1977; R.C.M. 1947, 51-518.
MT Code § 30-14-219 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-219. Recovery on illegal contracts forbidden

  30-14-219. Recovery on illegal contracts forbidden. A contract, express or implied, made by a person in violation of any of the provisions of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218 is an illegal contract upon which a recovery may not be had.   History: En. Sec. 9, Ch. 80, L. 1937; Sec. 51-110, R.C.M. 1947; amd. and redes. 51-522 by Sec. 22, Ch. 518, L. 1977; R.C.M. 1947, 51-522; amd. Sec. 8, Ch. 322, L. 2003.
MT Code § 30-14-221 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-221. Investigations

  30-14-221. Investigations. (1) The department, for the purpose of conducting hearings and investigations that in the opinion of the department are necessary and proper for the exercise of the powers vested in the department by this part, shall at all reasonable times have access to any evidence concerning a person being investigated or proceeded against that relates to any matter under investigation or in question and the right to copy the evidence. The department may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the department or before its duly authorized agent conducting the investigation. An agent, duly authorized by the department for those purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. The attendance of witnesses and the production of evidence may be required from any place in this state at any designated place of hearing.   (2) Upon application by the department in a case of refusal to obey a subpoena issued to a person, a district court of this state, within the district where the inquiry is carried on or where a person guilty of refusal to obey is found, resides, or transacts business, has jurisdiction to issue to that person an order requiring the person to appear before the department or its duly authorized agent and to produce evidence if so ordered or to give testimony regarding the matter under investigation. Failure to obey the order of the court may be punished by the court as a contempt.   (3) A person may not be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the department on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, compelled testimony or evidence or any information directly or indirectly derived from testimony or evidence may not be used against the witness in any criminal prosecution. This section does not prohibit the department from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if the department determines, in its sole discretion, that the ends of justice would be served by granting immunity. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.   History: En. Sec. 3, Ch. 50, L. 1939; amd. Sec. 123, Ch. 431, L. 1975; Sec. 51-115, R.C.M. 1947; amd. and redes. 51-520 by Sec. 20, Ch. 518, L. 1977; R.C.M. 1947, 51-520; amd. Sec. 2, Ch. 577, L. 1983; amd. Sec. 2, Ch. 101, L. 1985; amd. Sec. 961, Ch. 56, L. 2009.
MT Code § 30-14-222 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-222. Injunctions -- damages -- production of evidence

  30-14-222. Injunctions -- damages -- production of evidence. (1) A person who is or will be injured or the department may bring an action to enjoin an act that is in violation of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218 and for the recovery of damages. If the court finds that the defendant is violating or has violated any of the provisions of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218, the court shall enjoin the defendant. It is not necessary to allege or prove actual damages to the plaintiff.   (2) (a) In addition to injunctive relief, the plaintiff is entitled to recover from the defendant the greater of three times the amount of actual damages sustained or $1,000.   (b) In addition to any amount recovered pursuant to subsection (2)(a), a plaintiff who proves a violation of 30-14-209 is entitled to $500 a day for each day that a violation of 30-14-209 occurred.   (3) A defendant in an action brought under this section may be required to testify under the Montana Rules of Civil Procedure. In addition, the books and records of the defendant may be brought into court and introduced into evidence by reference. Information obtained pursuant to this subsection may not be used against the defendant as a basis for prosecution under 30-14-205 through 30-14-214, 30-14-216 through 30-14-218, or 30-14-224.   (4) In an action brought by a party other than the department, the prevailing party is entitled to attorney fees and costs.   History: En. Sec. 10, Ch. 80, L. 1937; Sec. 51-111, R.C.M. 1947; amd. and redes. 51-521 by Sec. 21, Ch. 518, L. 1977; R.C.M. 1947, 51-521; amd. Sec. 10, Ch. 322, L. 2003; amd. Sec. 41, Ch. 130, L. 2005; amd. Sec. 8, Ch. 280, L. 2005.
MT Code § 30-14-223 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 2. Unfair Trade Practices Generally|30-14-223. Department's institution of suit

  30-14-223. Department's institution of suit. Upon the violation of any of the provisions of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218 by any business, the department may institute a proceeding in a court of competent jurisdiction for the forfeiture of the business's charter, rights, franchises or privileges, and powers exercised by the business and to permanently enjoin it from transacting business in this state. If in the proceeding the court finds that the business is violating or has violated any of the provisions of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218, the court shall enjoin the business from doing business in this state permanently or for a period of time that the court orders or the court shall annul the charter or revoke the franchise of the business.   History: En. Sec. 8, Ch. 80, L. 1937; Sec. 51-109, R.C.M. 1947; amd. and redes. 51-523 by Sec. 23, Ch. 518, L. 1977; R.C.M. 1947, 51-523; amd. Sec. 137, Ch. 575, L. 1981; amd. Sec. 11, Ch. 322, L. 2003; amd. Sec. 42, Ch. 130, L. 2005.