reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-121. Duties of county attorney

30-14-121. Duties of county attorney.
It is the duty of the county attorney to lend to the department the assistance that the department may request in the commencement and prosecution of actions pursuant to this part. The county attorney, on request of the department or another county attorney, may initiate all procedures and prosecute actions in the same manner as provided for the department. If an action is prosecuted by the county attorney alone, the county attorney shall notify the department as to the nature of the action and the parties to the action within 30 days of the filing of the action. The county attorney shall report on the action to the department within 30 days of the final disposition of the matter.
History: En. Sec. 16, Ch. 275, L. 1973; amd. Sec. 1, Ch. 407, L. 1977; R.C.M. 1947, 85-416; amd. Sec. 2, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-122. Employment of investigator by county attorney

30-14-122. Employment of investigator by county attorney.
The county attorney in counties having a taxable valuation of $30 million or more may designate an employee to act as a full-time investigator.
History: En. Sec. 17, Ch. 275, L. 1973; R.C.M. 1947, 85-417; amd. Sec. 29, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-131. Restoration -- court orders

30-14-131. Restoration -- court orders.
(1) The court may enter orders or judgments necessary to restore to a person any money or property, real or personal, that may have been acquired by means of any practice in this part declared to be unlawful. The court may order the appointment of a receiver or the revocation of a license or certificate authorizing a person to engage in business in this state, or both.
(2) The court shall award reasonable attorney fees to the prevailing party for bringing a successful action under this part.
(3) The court may enter any other order or judgment required by equity to carry out the provisions of this part.
History: En. Sec. 6, Ch. 275, L. 1973; R.C.M. 1947, 85-406; amd. Sec. 4, Ch. 322, L. 2003; amd. Sec. 3, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-132. Powers of receiver -- proof of damages -- jurisdiction

30-14-132. Powers of receiver -- proof of damages -- jurisdiction.
(1) When a receiver is appointed by the court pursuant to this part, the receiver has the power to sue for, collect, receive, and take into possession all goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by this part, including property with which the property has been mingled if it cannot be identified in kind because of the commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds of the property under the direction of the court.
(2) Any person who has suffered damages as a result of the use or employment of any unlawful practice and submits proof to the satisfaction of the court that the person has in fact been damaged may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses.
(3) In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court.
(4) The court has jurisdiction of all questions arising in the proceedings and may make orders and judgments as may be required.
History: En. Sec. 7, Ch. 275, L. 1973; amd. Sec. 8, Ch. 265, L. 1977; R.C.M. 1947, 85-407; amd. Sec. 957, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-133. Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence

30-14-133. Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence.
(1) (a) Except as provided in subsection (1)(b), a consumer who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act, or practice declared unlawful by 30-14-103 may bring an individual action but not a class action under the rules of civil procedure in the district court of the county in which the seller, lessor, or service provider resides or has its principal place of business or is doing business to recover money damages in the amount of any ascertainable loss of money or property or $500, whichever is greater. An individual claim may be brought in justice's court. The court may not award punitive damages but may, in its discretion, award up to three times the money damages in the amount of any ascertainable loss of money or property sustained, if actual damages do not exceed $100,000, and may provide any other equitable relief that it considers necessary or proper.
(b) A consumer may not bring or maintain an action under this section if the consumer is bringing an action subject to 70-19-427 or 70-19-428 against a construction professional.
(2) Upon commencement of any action brought under subsection (1), the clerk of court shall mail a copy of the complaint or initial pleading to the department and the appropriate county attorney and, upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree to the department and the appropriate county attorney.
(3) In any action brought under this section, the court may award the prevailing party reasonable attorney fees incurred in prosecuting or defending the action, except that attorney fees may not be awarded if the consumer recovers actual damages of $100,000 or more. Attorney fees are limited to no more than $250 an hour. A person who brings an action on the person's own behalf without an attorney may receive attorney fees at the judge's discretion.
(4) Any permanent injunction, judgment, or order of the court made under 30-14-111 is prima facie evidence in an action brought under this section that the respondent used or employed a method, act, or practice declared unlawful by 30-14-103.
History: En. Sec. 8, Ch. 275, L. 1973; amd. Sec. 9, Ch. 265, L. 1977; R.C.M. 1947, 85-408; amd. Sec. 5, Ch. 322, L. 2003; amd. Sec. 1, Ch. 46, L. 2021; amd. Sec. 1, Ch. 521, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-134. Enforcement of department orders -- contempt

30-14-134. Enforcement of department orders -- contempt.
If any person fails or refuses to file any statement or report or obey any subpoena or investigative demand issued by the department, the department may, after notice, apply to the district court and, after hearing thereon, request an order:
(1) granting injunctive relief to restrain the person from engaging in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation;
(2) vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state; revoking or suspending the certificate of authority to do business in this state of a foreign corporation; or revoking or suspending any other licenses, permits, or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice; and
(3) granting such other relief as may be required until the person files the statement or report or obeys the subpoena or investigative demand. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
History: En. Sec. 13, Ch. 275, L. 1973; R.C.M. 1947, 85-413.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-141. Dissolution or forfeiture of corporate franchise

30-14-141. Dissolution or forfeiture of corporate franchise.
Upon petition by the department, the district court may, in its discretion, order the dissolution, suspension, or forfeiture of franchise of any corporation which violates the terms of any injunction issued under 30-14-111.
History: En. Sec. 15, Ch. 275, L. 1973; R.C.M. 1947, 85-415.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-142. Penalties

30-14-142. Penalties.
(1) In addition to any fine that a person might be subject to under subsection (2), a person who violates the terms of an injunction or temporary restraining order issued under 30-14-111 shall forfeit and pay to the state a civil fine of not more than $10,000 for each violation. For the purposes of this section, the district court issuing an injunction or temporary restraining order retains jurisdiction and the cause must be continued, and in those cases, the department, acting in the name of the state, may petition for recovery of civil penalties.
(2) In an action brought under 30-14-111, if the court finds that a person is willfully using or has willfully used a method, act, or practice declared unlawful by 30-14-103, the department, upon petition to the court, may recover on behalf of the state a civil fine of not more than $10,000 for each violation. The fine provided for in this subsection is in addition to any liability that a person might be subject to under subsection (1).
(3) A person who engages in a fraudulent course of conduct declared unlawful by 30-14-103 shall upon conviction be fined an amount not more than $5,000, imprisoned for not more than 1 year, or both, in the discretion of the court. This subsection does not limit any other provision of this part.
(4) For purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that the conduct was a violation of 30-14-103.
History: En. Sec. 14, Ch. 275, L. 1973; R.C.M. 1947, 85-414; amd. Sec. 8, Ch. 137, L. 1979; amd. Sec. 2, Ch. 394, L. 1979; amd. Sec. 15, Ch. 342, L. 1999; amd. Sec. 6, Ch. 322, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-143. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees

30-14-143. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees.
(1) (a) Except as provided in subsection (1)(c), all civil fines, settlement proceeds not otherwise designated for a specific use pursuant to court order, amounts awarded in judgments, costs, and fees received or recovered by the department pursuant to this part must be deposited into a state special revenue account to the credit of the department and must be used to defray the expenses of the department in discharging its administrative and regulatory powers and duties in relation to this part.
(b) At the end of each biennium, the balance in the state special revenue account may not exceed three times the amount of the budget appropriated to the department to discharge its powers and duties under this part for that biennium. Funds that are otherwise obligated to implement the provisions of the settlement agreement are not considered part of the balance of the state special revenue account. Any excess civil fines, settlement proceeds not otherwise designated for a specific use pursuant to court order, amounts awarded in judgment, costs, or fees must be transferred to the general fund no later than the first business day in January of the subsequent biennium.
(c) All civil fines received or recovered by the department pursuant to 30-14-144 must be deposited in the general fund.
(2) All civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees received or recovered by a county attorney pursuant to this part must be paid to the general fund of the county in which the action was commenced.
History: En. Sec. 1, Ch. 136, L. 2003; amd. Sec. 4, Ch. 280, L. 2005; amd. Sec. 2, Ch. 217, L. 2013; amd. Sec. 1, Ch. 256, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-144. Additional penalty for unfair or deceptive act committed against vulnerable adult

30-14-144. Additional penalty for unfair or deceptive act committed against vulnerable adult.
(1) In addition to any civil penalty imposed pursuant to 30-14-142, a person who engages in a practice unlawful under 30-14-103 and whose conduct is perpetrated against a vulnerable adult is liable for an additional civil penalty not to exceed $10,000 for each violation if the court finds that:
(a) the person knew or should have known that the person's conduct was directed toward one or more vulnerable adults; or
(b) the person's conduct caused a vulnerable adult to suffer one of the following:
(i) loss or encumbrance of a primary residence;
(ii) loss of principal employment or other source of income;
(iii) substantial loss of property set aside for retirement or for personal or family care and maintenance;
(iv) substantial loss of payments received under a pension or retirement plan or a government benefits program; or
(v) loss of assets essential to the health or welfare of the vulnerable adult.
(2) Damages awarded in an action under 30-14-133 must be given priority over imposition of civil penalties ordered by the court under this section.
(3) As used in this section, "vulnerable adult" has the meaning provided in 52-3-803.
History: En. Sec. 1, Ch. 217, L. 2013; amd. Sec. 1, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-158. Prohibition against tiktok -- penalty -- enforcement -- definitions

30-14-158. (Temporary -- effective January 1, 2024) Prohibition against tiktok -- penalty -- enforcement -- definitions.
(1) Tiktok may not operate within the territorial jurisdiction of Montana. An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana:
(a) the operation of tiktok by the company or users; or
(b) the option to download the tiktok mobile application by a mobile application store.
(2) An entity that violates a provision of this section is liable in the amount of $10,000 for each discrete violation and is liable for an additional $10,000 each day thereafter that the violation continues.
(3) It is an affirmative defense to this section if the violating entity could not have reasonably known that the violation occurred within the territorial jurisdiction of Montana.
(4) Penalties under this section do not apply to law enforcement activities, national security interests and activities, security research activities, or essential government uses permitted by the governor on the information technology system of the state.
(5) Penalties in this section do not apply to users of tiktok.
(6) The department of justice shall enforce the provisions of this section.
(7) As used in this section, the following definitions apply:
(a) "Discrete violation" means each time that a user accesses tiktok, is offered the ability to access tiktok, or is offered the ability to download tiktok.
(b) "Entity" means a mobile application store or tiktok.
(c) "Mobile application" means a type of software program designed to run on a mobile device.
(d) "Territorial jurisdiction" means all places subject to the criminal jurisdiction of Montana.
(e) "Tiktok" means the social networking service owned by the Chinese company bytedance limited or any successors. (Void on occurrence of contingency--sec. 4, Ch. 503, L. 2023.)
History: En. Sec. 1, Ch. 503, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-160. Firearms code

30-14-160. Firearms code.
(1) (a) A financial institution may not require a firearms retailer in this state to use a firearms code that is different from that of a general transaction.
(b) It is the intent of this section to prohibit a financial institution from mandating firearms retailers to adopt a firearms code that is separate from a general merchandise retailer or sporting goods retailer.
(2) A violation of this section constitutes an unfair trade practice subject to the provisions of Title 30, chapter 14, and with exclusive enforcement authority by the department.
(3) For the purposes of this section, the following definitions apply:
(a) "Financial institution" means a:
(i) bank or trust company;
(ii) mutual savings and loan association;
(iii) credit union;
(iv) payment card network;
(v) online payment provider;
(vi) cryptocurrency company;
(vii) internet-based payment application;
(viii) acquirer;
(ix) payment facilitator; or
(x) similar company or institution providing financial transaction services.
(b) "Firearms code" means the merchant category code approved by the international organization for standardization for the purposes of initiating a card-based transaction for firearms retailers.
(c) "Firearms retailer" means any person or entity engaged in the lawful business of selling or trading any of the following items that are physically located in this state:
(i) firearms;
(ii) firearms parts or components;
(iii) firearms accessories;
(iv) ammunition;
(v) ammunition components, including but not limited to powder or casings; or
(vi) other products offered and sold at firearms stores.
History: En. Sec. 1, Ch. 677, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-201. Purpose

30-14-201. Purpose.
The legislature declares that the purpose of this part is to safeguard the public against the creation or perpetuation of monopolies and foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This part must be liberally construed so that its beneficial purposes may be accomplished.
History: En. Sec. 14, Ch. 80, L. 1937; Sec. 51-117, R.C.M. 1947; amd. and redes. 51-501 by Sec. 1, Ch. 518, L. 1977; R.C.M. 1947, 51-501; amd. Sec. 5, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-202. Definitions

30-14-202. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) (a) "Article of commerce" includes but is not limited to any commodity, product, service or output of a service trade, or any product of the soil.
(b) The term does not include a product or service of a public utility.
(2) "Business" includes any person, domestic or foreign, engaged in the production, manufacture, distribution, purchasing, or sale of any article of commerce within the state of Montana.
(3) (a) "Cost", as applied to production, includes the cost of raw materials, labor, and all overhead expenses of the producer.
(b) Cost, as applied to distribution, means either the invoice price of the article or product sold or the cost to the dealer or vendor for replacing the article or product in the quantity last purchased within 90 days prior to the sale of the article or product, whichever is less, minus all trade discounts except customary cash discounts plus the cost of doing business by the vendor.
(4) "Cost of doing business" or "overhead expense" includes all costs of doing business incurred in the conduct of a business and includes but is not limited to the following items of expense:
(a) labor (including salaries of executives and officers);
(b) rent;
(c) interest on borrowed capital;
(d) depreciation;
(e) selling cost;
(f) maintenance of equipment;
(g) delivery costs;
(h) credit losses;
(i) all types of licenses;
(j) taxes;
(k) insurance and advertising.
(5) "Customary cash discount" means any allowance not exceeding 2%, whether a part of a larger discount or not, made to a wholesale or retail vendor when the vendor pays for merchandise within a limited or specified time.
(6) "Department" means the department of justice provided for in 2-15-2001.
(7) "Person" includes any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state.
(8) "Vendor" includes not only any person acting as one known generally and legally as a vendor but also any person who performs work upon, renovates, alters, or improves any personal property belonging to another person.
History: En. 51-502 by Sec. 2, Ch. 518, L. 1977; R.C.M. 1947, 51-502; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 67, Ch. 483, L. 2001; amd. Sec. 6, Ch. 280, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-203. Persons responsible

30-14-203. Persons responsible.
Any person who, either as director, officer, or agent of any business or as agent of any person, assists or aids, directly or indirectly, in a violation of this part is responsible for the violation equally with the person or business for whom or for which the person acts.
History: En. Sec. 2, Ch. 80, L. 1937; Sec. 51-102, R.C.M. 1947; amd. and redes. 51-503 by Sec. 3, Ch. 518, L. 1977; R.C.M. 1947, 51-503; amd. Sec. 135, Ch. 575, L. 1981; amd. Sec. 958, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-204. Proof of intent

30-14-204. Proof of intent.
In an injunction proceeding or in the prosecution of a person acting as an officer, director, or agent, it is sufficient to allege and prove the unlawful intent of the person or business for whom or for which the person acts.
History: En. 51-504 by Sec. 4, Ch. 518, L. 1977; R.C.M. 1947, 51-504; amd. Sec. 136, Ch. 575, L. 1981; amd. Sec. 959, Ch. 56, L. 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-224. Penalties

30-14-224. Penalties.
(1) A person, whether as principal, agent, officer, or director, who purposely or knowingly violates any of the provisions of 30-14-207 through 30-14-214 or 30-14-216 through 30-14-218 is guilty of an offense for each violation and upon conviction may be fined an amount not more than $10,000 or imprisoned for a term not to exceed 2 years, or both.
(2) A violation of 30-14-205 is punishable by imprisonment for a period of not more than 5 years, and the offender may be subject to a fine in an amount not exceeding $25,000.
(3) When there is a violation of 30-14-216, in addition to the penalty specified in subsection (1), the court before which a conviction is had shall, within 10 days after judgment of conviction is given, forward a certified copy of the judgment to the department of agriculture and that department shall revoke any license issued to the convicted person. A new license may not be granted to the person whose license is revoked or to anyone either directly or indirectly engaged with that person in that business for a period of 5 years.
History: En. 51-524 by Sec. 24, Ch. 518, L. 1977; R.C.M. 1947, 51-524; amd. Sec. 9, Ch. 137, L. 1979; amd. Sec. 12, Ch. 322, L. 2003.