reglab/housing_qa huggingface dataset:
MT Code § 30-14-1102 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1102. Definitions

  30-14-1102. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Agreement" means any writing that is substantially prepared in advance of a consumer transaction and which a seller, lessor, or lender furnishes to a consumer for the consumer to sign in connection with that transaction.   (2) "Consumer" means an individual who borrows money or leases or obtains property or services under a written agreement.   (3) "Consumer contract" means an agreement for the sale, lease, or loan of money, property, or services primarily for personal, family, or household purposes.   (4) "Seller, lessor, or lender" means a person who regularly sells, lets, or lends in connection with consumer contracts.   History: En. Sec. 2, Ch. 615, L. 1985.
MT Code § 30-14-1103 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1103. Requirements for contracts

  30-14-1103. Requirements for contracts. (1) A consumer contract must be written in plain language.   (2) A consumer contract is written in plain language if:   (a) it is written in a clear and coherent manner using words with common and everyday meanings;   (b) it is appropriately divided and captioned by its various sections;   (c) it uses type of readable size;   (d) it uses ink that contrasts with the paper.   History: En. Sec. 3, Ch. 615, L. 1985.
MT Code § 30-14-1104 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1104. Scope

  30-14-1104. Scope. (1) Except as provided in subsection (2), 30-14-1103 applies to any agreement in connection with a consumer contract entered into in this state between a consumer who is a resident of this state at the time of the transaction and a seller, lessor, or lender.   (2) Section 30-14-1103 does not apply to:   (a) consumer contracts in which the value of the money, property, or services bought, leased, or borrowed exceeds $50,000 at the time of the contract;   (b) consumer contracts in which securities or commodities accounts are bought, leased, or borrowed;   (c) an insurance policy or contract that is subject to the provisions of Title 33;   (d) a seller, lessor, or lender, if it is a government agency or instrumentality;   (e) the provision of public utility service under tariffs approved by the public service commission; or   (f) a transfer of real estate.   (3) The use of specific language expressly required or authorized by a court decision, state or federal statute or administrative rule, or governmental agency is not a violation of this part; nor is a legal description of real property a violation of this part.   History: En. Sec. 4, Ch. 615, L. 1985; amd. Sec. 1, Ch. 185, L. 1987.
MT Code § 30-14-1105 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1105. through 30-14-1110 reserved

  30-14-1105 through 30-14-1110 reserved.
MT Code § 30-14-1111 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1111. Consumer's remedy

  30-14-1111. Consumer's remedy. (1) Except as otherwise provided in 30-14-1112, if an agreement does not comply with the requirements of 30-14-1103, the seller, lessor, or lender is liable to a consumer who signed the agreement in an amount equal to:   (a) $50 plus any actual damages; and   (b) costs of the action.   (2) A consumer may bring an action under this section in any court of competent jurisdiction.   History: En. Sec. 5, Ch. 615, L. 1985.
MT Code § 30-14-1112 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1112. Limitations on remedies

  30-14-1112. Limitations on remedies. (1) A consumer may not bring an action under 30-14-1111 after the date on which the consumer's obligations in connection with the agreement are scheduled to be finally performed.   (2) A seller, lessor, or lender is not liable under 30-14-1111 if a good faith attempt is made to comply with requirements of 30-14-1103.   (3) Noncompliance with the requirements of 30-14-1103 does not make a consumer transaction void or voidable if it is otherwise legal, nor may a consumer raise noncompliance as a defense to an obligation to perform in connection with the transaction.   (4) In a class action brought under 30-14-1111, the seller, lessor, or lender is liable under 30-14-1111 for not more than $10,000 plus actual damages.   (5) In any individual transaction, if there is more than one consumer who is party to a single-consumer contract, only one award of statutory damages may be made for that transaction.   (6) A consumer may not bring an action under this part on a contract if the consumer was represented at the signing of the contract by an attorney.   (7) Punitive damages may not be assessed in an action brought under this part.   History: En. Sec. 6, Ch. 615, L. 1985; amd. Sec. 967, Ch. 56, L. 2009.
MT Code § 30-14-1113 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 11. Plain Language in Contracts|30-14-1113. Remedies cumulative -- waiver void

  30-14-1113. Remedies cumulative -- waiver void. (1) Nothing in this part precludes a consumer from making any claim or raising any defense that would have been available to the consumer if this part were not in effect.   (2) A consumer may not waive the rights provided by this part, and any such waiver is void.   History: En. Sec. 7, Ch. 615, L. 1985.
MT Code § 30-14-1201 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1201. Short title

  30-14-1201. Short title. This part may be known as the "Montana Wheelchair Warranty Act".   History: En. Sec. 1, Ch. 259, L. 1995.
MT Code § 30-14-1202 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1202. Definitions

  30-14-1202. Definitions. As used in this part, the following definitions apply:   (1) "Collateral costs" mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair.   (2) "Consumer" means a person:   (a) who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;   (b) to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;   (c) who may enforce the warranty; or   (d) who leases a wheelchair from a wheelchair lessor under a written lease.   (3) "Manufacturer" means a person or an agent of a person who manufactures or assembles wheelchairs. The term includes an importer, factory branch, and any warrantor of the manufacturer's wheelchairs. The term does not include a wheelchair dealer.   (4) "Nonconformity" means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. The term does not include a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by the consumer.   (5) "Wheelchair" means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer.   (6) "Wheelchair dealer" means a person who is in the retail business of selling wheelchairs.   History: En. Sec. 2, Ch. 259, L. 1995.
MT Code § 30-14-1203 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1203. Express written warranty for wheelchairs -- failure to furnish -- implied warranty

  30-14-1203. Express written warranty for wheelchairs -- failure to furnish -- implied warranty. (1) A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express written warranty against nonconformity.   (2) The duration of the express written warranty may not be less than 1 year after the date of delivery of the wheelchair to the consumer.   (3) If a manufacturer fails to furnish an express written warranty, the wheelchair is covered by a warranty as if the manufacturer had furnished an express written warranty to the consumer under subsection (1). The implied warranty is for a period of 2 years following the date of delivery of the wheelchair to the consumer.   History: En. Sec. 3, Ch. 259, L. 1995.
MT Code § 30-14-1204 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1204. Replacement for nonconformity to warranty

  30-14-1204. Replacement for nonconformity to warranty. (1) If, after a reasonable number of attempts to repair the nonconformity during the warranty period, the manufacturer or the wheelchair dealer is unable to conform the wheelchair to the warranty by repairing or correcting the nonconformity, the manufacturer shall, at the direction of the consumer either:   (a) replace the wheelchair with a new wheelchair of the same model and style and of comparable value, unless the replacement is impossible because of lack of availability, in which case the manufacturer shall replace it with a wheelchair of similar functional benefit and comparable value. Additionally, the manufacturer shall refund any finance charges and collateral costs to the consumer.   (b) accept return of the wheelchair from the consumer and refund the full purchase price or the total of all lease payments, plus any finance charges, collateral costs, and incidental damages, less a reasonable allowance for the consumer's use of the wheelchair. A reasonable allowance for use may not exceed an amount obtained by multiplying the purchase price by a fraction with a denominator of 1,825 and a numerator of the number of days the wheelchair was usable before the consumer first reported the nonconformity to the wheelchair dealer. A person may not enforce a lease against the consumer after the consumer returns a wheelchair under this subsection.   (2) A manufacturer who replaces a wheelchair in accordance with subsection (1)(a) or refunds the purchase price of a wheelchair in accordance with subsection (1)(b) shall also refund to the dealer the dealer's reasonable costs of the exchange or refund.   (3) A wheelchair returned by a consumer in this state pursuant to this section or by a consumer in another state under a similar law of the other state may not be sold or leased again in this state unless a full disclosure is made to a prospective consumer of the reasons for the return.   History: En. Sec. 4, Ch. 259, L. 1995.
MT Code § 30-14-1205 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1205. Reasonable number of attempts to conform -- presumption

  30-14-1205. Reasonable number of attempts to conform -- presumption. A reasonable number of attempts to conform a new wheelchair to the applicable warranty is presumed to have been made for the purposes of 30-14-1204 if:   (1) the same nonconformity has been subject to repair two or more times by the manufacturer or the wheelchair dealer during the warranty period and the nonconformity continues to exist; or   (2) the wheelchair is out of service because of a nonconformity for a cumulative total of 45 days during the warranty period after notification of the manufacturer or wheelchair dealer.   History: En. Sec. 5, Ch. 259, L. 1995.
MT Code § 30-14-1206 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1206. Liability to manufacturer -- wheelchair dealer exemption

  30-14-1206. Liability to manufacturer -- wheelchair dealer exemption. A wheelchair dealer is not liable to a manufacturer for a refund or wheelchair replacement in the absence of evidence that indicates that the repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.   History: En. Sec. 6, Ch. 259, L. 1995.
MT Code § 30-14-1207 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 12. Wheelchair Warranties|30-14-1207. Consumer's rights

  30-14-1207. Consumer's rights. (1) This part may not be considered to limit the rights or remedies available to a consumer under any other law or contract.   (2) A waiver of rights under this part by a consumer is void.   (3) A consumer's rights and remedies under this part are in addition to the rights and remedies provided in chapter 2A.   (4) If the manufacturer fails to comply with 30-14-1204(1)(a) or (1)(b), a consumer may bring an action to recover for damages caused by a violation of this part. The court may award a consumer who prevails in an action triple the amount of any pecuniary loss. A court may also award costs, disbursements, reasonable attorney fees, and any equitable relief that the court determines is appropriate.   History: En. Sec. 7, Ch. 259, L. 1995.
MT Code § 30-14-1301 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 13. Service Contracts|30-14-1301. Definitions

  30-14-1301. Definitions. As used in this part, the following definitions apply:   (1) "Administrator" means the person who is responsible for the administration of service contracts.   (2) "Department" means the department of justice provided for in 2-15-2001.   (3) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, limited liability company, limited liability partnership, joint-stock company, reciprocal insurer, syndicate, or any similar entity or combination of entities acting in concert.   (4) "Provider" means a person who is contractually obligated to the service contract holder under the terms of the service contract.   (5) "Reimbursement insurance policy" means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.   (6) "Service contract" has the meaning provided in 33-1-102(10)(b).   (7) "Service contract holder" or "contract holder" means the person who is the purchaser or holder of a service contract.   History: En. Sec. 1, Ch. 162, L. 2007.
MT Code § 30-14-1303 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 13. Service Contracts|30-14-1303. Required disclosures -- reimbursement insurance policy

  30-14-1303. Required disclosures -- reimbursement insurance policy. (1) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale in this state must state that the insurer that issued the reimbursement insurance policy shall either reimburse or pay on behalf of the provider any covered sums that the provider is legally obligated to pay or, in the event of the provider's nonperformance, shall provide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.   (2) If covered service is not provided by the provider within 60 days of proof of loss by the service contract holder, the contract holder is entitled to apply directly to the reimbursement insurance company.   History: En. Sec. 3, Ch. 162, L. 2007.
MT Code § 30-14-1401 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1401. Short title

  30-14-1401. Short title. This part may be cited as the "Montana Telemarketing Registration and Fraud Prevention Act".   History: En. Sec. 1, Ch. 342, L. 1999.
MT Code § 30-14-1402 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1402. Purpose -- scope -- rulemaking

  30-14-1402. Purpose -- scope -- rulemaking. (1) The purposes of this part are to require telemarketers to register in this state, to establish standards of conduct for telemarketers, and to provide penalties for violations of this part.   (2) This part does not apply to any claim brought by a person under Title 30, chapter 14, part 5, and the provisions of Title 30, chapter 14, part 5, do not apply to any claim brought by a person pursuant to the provisions of this part.   (3) The department shall adopt rules to implement the provisions of this part. The rules must include but are not limited to rules:   (a) establishing forms and procedures for registration, registration renewal, and bonding of sellers or telemarketers;   (b) for administering a telemarketing fraud consumer awareness program; and   (c) ensuring that proper procedures are in place for maintaining civil and criminal actions for violations of this part.   History: En. Sec. 2, Ch. 342, L. 1999.
MT Code § 30-14-1406 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1406. Telemarketing fraud consumer awareness program

  30-14-1406. Telemarketing fraud consumer awareness program. The department shall establish and administer a telemarketing fraud consumer awareness program. The program must be funded as provided in 30-14-1407(2).   History: En. Sec. 6, Ch. 342, L. 1999.
MT Code § 30-14-1407 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1407. Authority of department and county attorney

  30-14-1407. Authority of department and county attorney. (1) The department and a county attorney have the same authority to enforce and carry out the provisions of this part as they have under Title 30, chapter 14, part 1.   (2) All civil fines, costs, and fees received or recovered by the department pursuant to this section 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 section and to fund the telemarketing fraud consumer awareness program established in 30-14-1406. Any excess civil fines, costs, or fees must be deposited in the general fund.   (3) All civil fines, costs, and fees received or recovered by a county attorney must be paid to the general fund of the county in which the action was commenced.   History: En. Sec. 7, Ch. 342, L. 1999; amd. Sec. 44, Ch. 130, L. 2005; amd. Sec. 11, Ch. 280, L. 2005.
MT Code § 30-14-1408 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1408. Recordkeeping requirements

  30-14-1408. Recordkeeping requirements. (1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced.   (b) The records that must be kept for the 24-month period include:   (i) all substantially different advertising, brochures, telemarketing scripts, and promotional materials;   (ii) the name and last-known address of each prize recipient and the prize awarded;   (iii) the name and last-known address of each consumer, the goods or services purchased, the date the goods or services were shipped or provided, the amount of goods or services provided, and the amount paid by the consumer for the goods or services;   (iv) the name, any fictitious name used, the last-known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales; however, if the seller or telemarketer permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and   (v) all written authorizations required to be provided or received under this part.   (2) In the event of any dissolution or termination of a telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment, or other change in ownership of the seller's business, the successor shall maintain all records required under this section.   History: En. Sec. 8, Ch. 342, L. 1999.
MT Code § 30-14-1409 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1409. Acts and practices not governed by part

  30-14-1409. Acts and practices not governed by part. The following acts and practices are not subject to the provisions of this part:   (1) telephone calls in which the sale of goods or services is not completed and payment or authorization of payment is not required until after a face-to-face sales presentation by the seller or telemarketer; and   (2) telephone calls initiated by a consumer that are not the result of any solicitation by a seller or telemarketer.   History: En. Sec. 9, Ch. 342, L. 1999.