reglab/housing_qa huggingface dataset:
MT Code § 30-14-2003 (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|30-14-2003. Definitions

  30-14-2003. Definitions. As used in this part, the following definitions apply:   (1) "Consumer" means an individual who, singly or jointly with another individual, owes money to one or more creditors for personal, family, or household purposes.   (2) "Credit counseling service" means a person that provides or offers to provide debt management plan services to consumers for consideration.   (3) "Credit counselor" means a person who is an employee or agent of a credit counseling service and who designs debt management plans and provides consumers with budget, basic financial planning, and consumer education services.   (4) "Debt management plan" means a written agreement under which a credit counseling service is to receive money from a consumer for the purpose of distributing that money to one or more creditors of the consumer as full or partial payment of the consumer's obligation to the creditor or creditors.   (5) "Department" means the department of justice provided for in 2-15-2001.   (6) "Person" means an individual, sole proprietorship, firm, partnership, corporation, limited liability partnership or company, or other entity and includes a nonprofit organization exempt from taxation under 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3).   (7) "Trust account" means an account:   (a) established by a credit counseling service in a federally insured financial institution;   (b) designated as a trust account or other appropriate designation indicating that the funds in the account are not funds of the credit counseling service or its directors, officers, employees, or agents;   (c) used exclusively for funds paid by consumers to the credit counseling service for disbursement to creditors of the consumers; and   (d) that is unavailable to creditors of the credit counseling service.   History: En. Sec. 3, Ch. 272, L. 2005; amd. Sec. 30, Ch. 280, L. 2005.
MT Code § 30-14-2004 (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|30-14-2004. Requirements for licensure -- fees -- rulemaking authority -- refusal to grant license -- suspension or revocation of license -- rules

  30-14-2004. Requirements for licensure -- fees -- rulemaking authority -- refusal to grant license -- suspension or revocation of license -- rules. (1) A credit counseling service may not provide or offer to provide debt management plans or other consumer credit counseling services to the consumers of this state without first being licensed by the department.   (2) In order to obtain a license or annually renew a license, an applicant shall pay the required license fee as established by the department by rule. The fee must be in an amount commensurate with the cost of administering this part, and the applicant shall provide evidence:   (a) that it maintains a trust account for handling consumer funds;   (b) (i) that it has been accredited by a bona fide third-party accreditation provider that ensures compliance with industry standards and best practices; and   (ii) that its credit counselors have been certified by a bona fide third-party certification provider as possessing the competence to provide consumer credit counseling services;   (c) that a majority of its owners, principals, officers, board of directors, or employees are not persons who have a conflict of interest with the applicant's mission. Persons with a conflict of interest include creditors, creditors' representatives, bankruptcy attorneys, and other persons having a direct stake in the outcome of the consumer credit counseling process.   (d) that it has obtained a surety bond for the benefit of consumers harmed by a violation of the provisions of this part in an amount, form, and duration as required by the department by rule, except that an applicant that does not maintain an office in this state with a credit counselor on the premises shall post a surety bond in the amount of $50,000; and   (e) that it has contracted at its own expense for annual audits by an independent certified public accountant to be conducted within 6 months of the close of each of its fiscal years.   (3) An applicant for a license or license renewal shall provide any additional information that the department requires. The department shall adopt rules to implement the provisions of this section. The department shall designate by rule acceptable third-party accreditation and certification providers for purposes of subsection (2)(b).   (4) The department may refuse to grant a license to or suspend or revoke the license of any credit counseling service that fails to comply with the provisions of subsections (1) through (3) or any rules adopted pursuant to this section.   History: En. Sec. 4, Ch. 272, L. 2005.
MT Code § 30-14-2005 (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|30-14-2005. through 30-14-2009 reserved

  30-14-2005 through 30-14-2009 reserved.
MT Code § 30-14-2011 (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|30-14-2011. and 30-14-2012 reserved

  30-14-2011 and 30-14-2012 reserved.
MT Code § 30-14-2013 (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|30-14-2013. Prohibited practices

  30-14-2013. Prohibited practices. (1) A credit counseling service may not:   (a) purchase any debt or obligation of a consumer;   (b) lend money or provide credit to a consumer;   (c) obtain a mortgage or other security interest in any property of a consumer;   (d) operate as a collection agency;   (e) structure a debt management plan in a way that at the debt management plan's conclusion any debts of the consumer that are subject to the debt management plan are not fully amortized;   (f) charge for or provide credit insurance;   (g) cause or attempt to cause a consumer to waive or forego any right or benefit that the consumer has under the provisions of this part; or   (h) operate in this state without a license.   (2) (a) A credit counseling service may not advertise its services in any manner in this state without first being licensed by the department.   (b) A credit counseling service or any person on a credit counseling service's behalf may not misrepresent any material fact or make a false promise intended to induce a consumer into entering a debt management plan.   History: En. Sec. 6, Ch. 272, L. 2005.
MT Code § 30-14-2014 (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|30-14-2014. reserved

  30-14-2014 reserved.
MT Code § 30-14-2015 (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|30-14-2015. Remedies -- penalty

  30-14-2015. Remedies -- penalty. (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.   (2) Any violation of this part constitutes an unfair or deceptive trade practice and is a violation of 30-14-103.   (3) A person found to have violated this part is liable to the person harmed for actual and consequential damages or $500, whichever is greater, for each violation, plus costs and attorney fees.   (4) A person harmed by a violation of this part may sue for injunctive and other appropriate equitable relief.   (5) A person harmed by a violation of this part may bring a class action suit.   (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.   (7) The department, the attorney general, or a county attorney, on behalf of state residents who have suffered a loss or harm as a result of a violation of this part, may seek any remedy provided by Title 30, chapter 14, part 1.   (8) A person engaged in credit counseling in this state without a license, a person who fails to maintain a separate trust account for consumer funds, or a person who fails to maintain any records required by the provisions of this part or by department rule shall be fined an amount not to exceed $5,000 for each violation.   History: En. Sec. 7, Ch. 272, L. 2005.
MT Code § 30-14-2101 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 21. Regulation of Debt Settlement Providers|30-14-2101. Definitions

  30-14-2101. Definitions. As used in this part, the following definitions apply:   (1) (a) "Debt settlement provider" means any person or entity engaging in or holding itself out as engaging in the business of debt settlement for compensation that does not in the usual and regular course of business hold, receive, or disburse a debtor's funds in connection with debt settlement services.   (b) The term does not include any of the following:   (i) attorneys, escrow agents, accountants, broker dealers in securities, or investment advisors in securities, when acting in the ordinary practice of their professions;   (ii) any bank, agent of a bank, trust company, savings and loan association, savings bank, credit union, crop credit association, development credit corporation, industrial development corporation, title insurance company, or insurance company operating or organized under the laws of this state, another state, or the United States, or any other person authorized to make loans under Montana law;   (iii) persons who perform credit services for their employer while receiving a regular salary or wage when the employer is not engaged in the business of debt settlement;   (iv) public officers while acting in their official capacities and persons acting under court order;   (v) any person while performing services incidental to the dissolution, winding up, or liquidating of a partnership, corporation, or other business enterprise; or   (vi) any for-profit or nonprofit entity that is subject to the provisions of Title 30, chapter 14, part 20, the Montana Consumer Debt Management Services Act.   (2) "Debt settlement service" is the negotiation, adjustment, or settlement of a consumer's debt without holding, receiving, or disbursing the debtor's funds.   (3) "Principal amount of the debt" means the total amount of debt of an individual at the time the individual is accepted into a debt settlement program.   History: En. Sec. 1, Ch. 338, L. 2009.
MT Code § 30-14-2104 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 21. Regulation of Debt Settlement Providers|30-14-2104. Remedies

  30-14-2104. Remedies. (1) The attorney general or the county attorney of any county in which a debt settlement provider is doing business or a debtor resides may bring an action for a violation of 30-14-2102 or 30-14-2103. Upon finding that a person has violated or is violating a provision of 30-14-2102 or 30-14-2103, a court may make any necessary order or judgment, including an injunction, restitution, and an award of reasonable attorney fees and costs for the investigation and litigation of the violations.   (2) The attorney general or county attorney may accept an assurance of discontinuance of any method, act, or practice that is in violation of the provisions of 30-14-2102 or 30-14-2103 from any person alleged to be engaged in the unlawful act. The assurance may include a stipulation for the voluntary payment of the costs of investigation or of an amount to be held in escrow pending the outcome of any action or as restitution for any aggrieved person, or both. The court may award to the state a civil penalty not exceeding $10,000 for any violation of an assurance of discontinuance. Any matter closed by the acceptance of an assurance may be reopened at any time.   (3) A violation of a provision of 30-14-2102 or 30-14-2103 is a violation of 30-14-103, and a debtor is entitled to any remedy available under the provisions of Title 30, chapter 14, part 1, or other applicable state law.   History: En. Sec. 4, Ch. 338, L. 2009.
MT Code § 30-14-2201 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 22. Guaranteed Asset Protection Waiver Act|30-14-2201. Title -- scope

  30-14-2201. Title -- scope. (1) This part may be cited as the "Guaranteed Asset Protection Waiver Act".   (2) The purpose of this part is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.   (3) This part does not apply to:   (a) an insurance policy offered by an insurer under the insurance laws of this state; or   (b) a debt cancellation or debt suspension contract being offered in compliance with 32-1-429, 32-3-609, 12 CFR, part 37 or part 721, or other federal law.   (4) Guaranteed asset protection waivers governed by this part are not insurance and are exempt from the insurance laws of this state. Persons that comply with this part in marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers are exempt from this state's insurance licensing requirements.   History: En. Sec. 1, Ch. 313, L. 2013; Sec. 30-14-151, MCA 2015; redes. 30-14-2201 by Code Commissioner, 2017.
MT Code § 30-14-2202 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 22. Guaranteed Asset Protection Waiver Act|30-14-2202. Definitions

  30-14-2202. Definitions. As used in this part, the following definitions apply:   (1) "Administrator" means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.   (2) "Borrower" means a debtor, retail buyer, or lessee under a finance agreement.   (3) "Creditor" means:   (a) the lender in a loan or credit transaction;   (b) the lessor in a lease transaction;   (c) a retail dealer of motor vehicles that provides credit to buyers as part of a retail sale, provided that the dealer complies with the provisions of this part;   (d) the seller in commercial retail installment transactions; or   (e) the assignees of any of the persons set out in subsections (3)(a) through (3)(d) to whom the credit obligation is payable.   (4) "Finance agreement" means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.   (5) "Free look period" means the period of time from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the contract without penalty, fees, or costs to the borrower. The period of time may not be less than 30 days.   (6) "Guaranteed asset protection waiver" or "GAP waiver" means a contractual agreement that is part of or a separate addendum to the finance agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of a motor vehicle.   (7) "Insurer" means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.   (8) "Motor vehicle" means a self-propelled or towed vehicle designed for personal or commercial use, including but not limited to an automobile, truck, motorcycle, recreational vehicle, all-terrain vehicle, snowmobile, camper, boat, and personal watercraft and a trailer used to transport a motorcycle, boat, camper, or personal watercraft.   (9) "Person" includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.   History: En. Sec. 2, Ch. 313, L. 2013; Sec. 30-14-152, MCA 2015; redes. 30-14-2202 by Code Commissioner, 2017.
MT Code § 30-14-2203 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 22. Guaranteed Asset Protection Waiver Act|30-14-2203. Requirements for offering guaranteed asset protection waivers

  30-14-2203. Requirements for offering guaranteed asset protection waivers. (1) GAP waivers may be offered, sold, or provided to borrowers in this state in compliance with this part.   (2) GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option.   (3) Any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the Truth in Lending Act, 15 U.S.C. 1601, et. seq., must be separately stated and is not considered a finance charge or interest.   (4) A retail dealer of motor vehicles shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor, other than a retail dealer of motor vehicles, may insure its GAP waiver obligations under a contractual liability policy or similar policy issued by an insurer. The insurance policy may be directly obtained by a creditor or a retail dealer of motor vehicles or may be procured by an administrator to cover a creditor's or retail dealer's obligations. However, retail dealers of motor vehicles that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on leased vehicles.   (5) The GAP waiver remains a part of the finance agreement upon the assignment, sale, or transfer of the finance agreement by the creditor.   (6) The extension of credit, the term of credit, or the term of the related motor vehicle sale or lease may not be conditioned upon the purchase of a GAP waiver.   (7) A creditor that offers a GAP waiver shall report the sale of and forward funds received on all GAP waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program document.   (8) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator pursuant to the terms of a written agreement must be held by the creditor or administrator in a fiduciary capacity.   History: En. Sec. 3, Ch. 313, L. 2013; Sec. 30-14-153, MCA 2015; redes. 30-14-2203 by Code Commissioner, 2017.
MT Code § 30-14-2204 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 22. Guaranteed Asset Protection Waiver Act|30-14-2204. Contractual liability or other insurance policies

  30-14-2204. Contractual liability or other insurance policies. (1) Contractual liability or other insurance policies insuring GAP waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waivers issued by the creditor and purchased or held by the borrower.   (2) Coverage under a contractual liability or other insurance policy insuring a GAP waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.   (3) Coverage under a contractual liability or other insurance policy insuring a GAP waiver must remain in effect unless canceled or terminated in compliance with applicable insurance laws of this state.   (4) The cancellation or termination of a contractual liability or other insurance policy may not reduce the insurer's responsibility for GAP waivers issued by the creditor prior to the date of cancellation or termination and for which premiums have been received by the insurer.   History: En. Sec. 4, Ch. 313, L. 2013; Sec. 30-14-154, MCA 2015; redes. 30-14-2204 by Code Commissioner, 2017.
MT Code § 30-14-2205 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 22. Guaranteed Asset Protection Waiver Act|30-14-2205. Disclosures

  30-14-2205. Disclosures. Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language, the following:   (1) the name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor;   (2) the purchase price and the terms of the GAP waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the GAP waiver;   (3) that the borrower may cancel the GAP waiver within a free look period as specified in the waiver and is entitled to a full refund of the purchase price so long as benefits have not been provided;   (4) the procedure the borrower must follow, if any, to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;   (5) whether the GAP waiver may be canceled after the free look period and the conditions under which it may be canceled, including the procedures for requesting any refund due;   (6) that in order to receive any refund due in the event of a borrower's cancellation of the GAP waiver agreement or early termination of the finance agreement, the borrower, in accordance with terms of the waiver, shall provide a written request to cancel to the creditor, administrator, or other party as specified in the GAP waiver. If a borrower is canceling the GAP waiver due to early termination of the finance agreement, the borrower shall provide a written request to the creditor, administrator, or other party within 90 days of the occurrence of the event terminating the finance agreement.   (7) the methodology for calculating any refund of the unearned purchase price of the GAP waiver due in the event of cancellation of the GAP waiver or early termination of the finance agreement; and   (8) that the extension of credit, the terms of the credit, or the terms of the related motor vehicle sale or lease may not be conditioned upon the purchase of the GAP waiver.   History: En. Sec. 5, Ch. 313, L. 2013; Sec. 30-14-155, MCA 2015; redes. 30-14-2205 by Code Commissioner, 2017.