reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-225. Prohibited practices -- advertising allowed -- violations

30-14-225. Prohibited practices -- advertising allowed -- violations.
(1) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair may not:
(a) advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an insurance deductible under a casualty or property insurance policy, including any incentive to purchase automobile glass or automobile repairs offered to the customer in which the customer, in conjunction with the purchase of automobile glass or automobile repairs, receives cash or other valuable consideration; or
(b) pay a sum or incentive to an individual or entity for directing glass replacement or repair or the purchase of a glass product.
(2) A person or association of persons engaged in the sale, repair, or replacement of automobile glass may advertise services as to quality, service, and safety.
(3) A glass broker, as defined in 33-18-223, may not manage, handle, or arrange automobile glass replacement or glass repair work for which the glass broker retains a percentage of the claim.
(4) (a) A violation of subsection (1)(a) is an unfair and deceptive act under 30-14-103.
(b) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair who violates subsection (1)(a) is also subject to the insurance fraud protection provisions of Title 33, chapter 1, part 12.
History: En. Sec. 4, Ch. 554, L. 1993; amd. Sec. 1, Ch. 207, L. 1997; amd. Sec. 1, Ch. 174, L. 1999; amd. Sec. 1, Ch. 526, L. 1999; amd. Sec. 1, Ch. 345, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-226. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees

30-14-226. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees.
(1) 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.
(2) 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.
History: En. Sec. 2, Ch. 136, L. 2003; amd. Sec. 9, Ch. 280, L. 2005; amd. Sec. 2, Ch. 256, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-227. Transfer or sale of a franchise -- continuance of contracts

30-14-227. Transfer or sale of a franchise -- continuance of contracts.
(1) Unless otherwise prohibited under a franchise agreement and in the event of a transfer between a franchisee and a third party, the franchisor may not unilaterally alter existing contracts between the franchisor and the franchisee and the transferee. A violation of this section constitutes an unfair trade practice subject to a $10,000 fine for each violation.
(2) This section does not apply to:
(a) motorsports dealer contracts under Title 30, chapter 14, part 25;
(b) new motor vehicle franchise agreements under Title 61, chapter 4; or
(c) farm implement dealership agreements under Title 30, chapter 11.
(3) For the purposes of this section, "franchise agreement" means a contract or agreement by which:
(a) a franchisee is granted the right to engage in business under a marketing plan prescribed in substantial part by the franchisor;
(b) the operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, logotype, or other commercial symbol or advertising designating the franchisor; and
(c) the franchisee is required to pay, directly or indirectly, a fee for the right to operate under the agreement.
History: En. Sec. 1, Ch. 224, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 2. Unfair Trade Practices Generally › 30-14-228. Acceptance of United States currency -- retailers -- government subdivision

30-14-228. Acceptance of United States currency -- retailers -- government subdivision.
(1) (a) Except as provided in subsection (2), a retail establishment offering goods or services for sale must accept United States currency, including federal reserve notes, from a buyer to purchase the goods or services.
(b) The state or any political subdivision of the state shall accept United States currency, including federal reserve notes, from any member of the public.
(2) (a) This section applies to a retail establishment only if the establishment has an individual accepting payment in person for the goods and services being offered.
(b) This section does not apply to a retail transaction in which the retail establishment requires that:
(i) a security deposit be placed on a credit card; or
(ii) a credit card number be provided to cover unforeseen damages or expenses.
(c) This section does not apply to a retail establishment that uses a device to convert a consumer's cash into a prepaid card allowing the consumer to complete a transaction at the retail establishment if:
(i) the transaction does not include a fee;
(ii) the transaction does not require a minimum deposit greater than $1;
(iii) on request, the consumer is provided with a receipt indicating the amount of cash the consumer deposited in the prepaid card; and
(iv) the underlying money on the prepaid card is not subject to an expiration date and there is no limit on the number of transactions that may be completed using the prepaid card.
(d) This section does not apply to a bank or a credit union as defined in Title 32.
(e) A retail establishment with more than one point of sale at a single address complies with this section if it accepts United States currency, including federal reserve notes, at no fewer than one point of sale at the address.
(3) A person who fails to accept United States currency as required in subsection (1) must pay a maximum $100 fee per violation of this section, determined by the department of justice, to the department of justice for the administration of this section to continue to transact business.
History: En. Sec. 1, Ch. 704, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-301. Short title

30-14-301. Short title.
This part shall be known and may be cited as the "Motion Picture Fair Trade Practices Act".
History: En. Sec. 1, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-302. Purpose

30-14-302. Purpose.
The purposes of this part are to establish fair and open procedures for the licensing of motion pictures within the state; to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state; to promote fair and effective competition in that business; and to benefit the moviegoing public by holding down admission prices to motion picture theaters, expanding the choice of motion pictures available to the public, and preventing exposure of the public to objectionable or unsuitable motion pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibit it.
History: En. Sec. 2, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-303. Definitions

30-14-303. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Blind bidding" means bidding, negotiating, offering terms, making an invitation to bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.
(2) "Distributor" means any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors.
(3) "Exhibitor" means any person engaged in the business of operating a theater in this state.
(4) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state.
(5) "Market area" means either a city in Montana or a city in any of the 11 western states that prohibits blind bidding.
(6) "Theater" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
(7) "Trade screening" means the showing of a motion picture by a distributor in the market area. The showing must be open to any exhibitor interested in exhibiting the motion picture, and the exhibitor or the exhibitor's buying agency must be notified of the trade screening.
History: En. Sec. 3, Ch. 214, L. 1981; amd. Sec. 962, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-304. Blind bidding prohibited

30-14-304. Blind bidding prohibited.
No distributor or exhibitor may engage in blind bidding.
History: En. Sec. 4, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-305. License agreements -- unlawful provisions

30-14-305. License agreements -- unlawful provisions.
(1) It is unlawful for any license agreement that provides for a fee or other payment to the distributor based in whole or in part on the attendance or the box office receipts at a theater within the state to contain or be conditioned upon a guarantee of a minimum payment to the distributor.
(2) Any provision, agreement, or understanding entered into after October 1, 1981, that provides for such a guarantee is void, and any purported waiver of the prohibition in subsection (1) is void and unenforceable.
History: En. Sec. 5, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-306. Bid requirements

30-14-306. Bid requirements.
If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall include the date, time, and location of the trade screening of the motion picture that is the subject of the invitation to bid.
History: En. Sec. 6, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-307. Void acts

30-14-307. Void acts.
Any provision of an invitation to bid or a license agreement entered into after October 1, 1981, that waives any of the prohibitions of or fails to comply with this part is void and unenforceable.
History: En. Sec. 7, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 3. Motion Picture Fair Trade Practices Act › 30-14-308. Violation a misdemeanor

30-14-308. Violation a misdemeanor.
It is unlawful for any person to willfully violate any provision of this part. Any such violation constitutes a misdemeanor, and the violator shall be punished as provided in 46-18-212.
History: En. Sec. 8, Ch. 214, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-402. Definitions

30-14-402. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) used improper means to acquire knowledge of the trade secret;
(ii) at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:
(A) derived from or through a person who had used improper means to acquire it;
(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Trade secret" means information or computer software, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
History: En. Sec. 2, Ch. 104, L. 1985; amd. Sec. 963, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-403. Injunctive relief -- royalty

30-14-403. Injunctive relief -- royalty.
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include but are not limited to a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History: En. Sec. 3, Ch. 104, L. 1985; amd. Sec. 1, Ch. 269, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-404. Damages

30-14-404. Damages.
(1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary damages.
History: En. Sec. 4, Ch. 104, L. 1985; amd. Sec. 2, Ch. 269, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-405. Costs and attorney fees

30-14-405. Costs and attorney fees.
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable costs and attorney fees to the prevailing party.
History: En. Sec. 5, Ch. 104, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-406. Preservation of secret

30-14-406. Preservation of secret.
In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
History: En. Sec. 6, Ch. 104, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-407. Statute of limitations

30-14-407. Statute of limitations.
An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
History: En. Sec. 7, Ch. 104, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-408. Effect on other law

30-14-408. Effect on other law.
(1) Except as provided in subsection (2), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
(2) This part does not affect:
(a) contractual remedies, whether or not based upon misappropriation of a trade secret;
(b) other civil remedies that are not based upon misappropriation of a trade secret; or
(c) criminal remedies, whether or not based upon misappropriation of a trade secret.
History: En. Sec. 8, Ch. 104, L. 1985; amd. Sec. 3, Ch. 269, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 4. Uniform Trade Secrets Act › 30-14-409. Uniformity of application and construction

30-14-409. Uniformity of application and construction.
This part shall be applied and construed to effectuate its general purpose to make the law uniform with respect to the subject of this act among states enacting it.
History: En. Sec. 9, Ch. 104, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-501. Purpose

30-14-501. Purpose.
The purpose of this part is to afford persons subjected to high pressure personal solicitation sales tactics a cooling-off period.
History: En. Sec. 1, Ch. 426, L. 1973; amd. Sec. 1, Ch. 191, L. 1977; R.C.M. 1947, 85-501; amd. Sec. 13, Ch. 322, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-502. Definitions

30-14-502. Definitions.
As used in this part, the following definitions apply:
(1) "Buyer" means anyone who gives a consideration for the purchase or use of goods or services.
(2) "Personal solicitation" means any attempt by a seller to sell goods or services when either the seller or a person acting for the seller contacts the buyer by telephone or in person other than at the place of business of the seller, except:
(a) an attempted sale in which the buyer, prior to the attempted sale, personally knows the identity of the seller, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services offered for sale;
(b) an attempted sale in which the buyer has initiated the contact with the seller;
(c) an attempted sale of a newspaper subscription in which the seller is a minor engaged in both the delivery and the sale of the newspaper;
(d) an attempted sale of an insurance policy; or
(e) an attempted sale of more than $5,000 of goods or services that are not primarily for personal, family, or household purposes.
(3) "Personal solicitation sale" means the purchase, lease, or rental of any goods or services following a personal solicitation by the seller or a person acting for the seller if the buyer is required to give consideration in excess of $25 in cash or credit.
(4) "Seller" means a lessor, renter, or anyone offering goods or services for consideration, including an assignee of a seller.
History: En. 85-502.1 by Sec. 2, Ch. 191, L. 1977; R.C.M. 1947, 85-502.1; amd. Sec. 138, Ch. 575, L. 1981; amd. Sec. 14, Ch. 322, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-503. Disclosure obligation

30-14-503. Disclosure obligation.
Before any personal solicitation, each seller shall, at the time of initial contact or communication with the potential buyer, clearly and expressly disclose the individual seller's name, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services that the seller wishes to demonstrate or sell. When the initial contact is made in person, the seller shall also show the potential buyer an identification card that clearly states the seller's name and the name of the business or organization that the seller represents. The disclosures required by this section must be made before asking any questions or making any statements except an initial greeting. Failure to provide the information required by this section may be punished by a civil fine of not more than $1,000 for each violation.
History: En. 85-502.2 by Sec. 3, Ch. 191, L. 1977; R.C.M. 1947, 85-502.2; amd. Sec. 15, Ch. 322, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-504. Buyer's right to cancel -- time allowed -- notice -- return of goods

30-14-504. Buyer's right to cancel -- time allowed -- notice -- return of goods.
(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer or any other person obligated for any part of the purchase price may cancel a personal solicitation sale until midnight of the third business day after the day on which the buyer has signed an agreement or offer to purchase relating to the sale, provided that in the case of a personal solicitation sale made by telephone, the buyer may cancel at any time prior to the buyer's signing of an agreement or offer to purchase relating to the sale.
(2) Cancellation occurs when written notice of cancellation is given to the seller.
(3) Notice of cancellation, if given by mail, is considered given when deposited in a mailbox properly addressed and postage prepaid.
(4) Notice of cancellation need not take the form prescribed and is sufficient if it indicates the intention of the buyer not to be bound.
(5) A personal solicitation sale may not be canceled if, in the case of goods, the goods cannot be returned to the seller in substantially the same condition as when received by the buyer.
History: En. Sec. 3, Ch. 426, L. 1973; amd. Sec. 4, Ch. 191, L. 1977; R.C.M. 1947, 85-503; amd. Sec. 964, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-505. Notice of right to cancel

30-14-505. Notice of right to cancel.
(1) The seller shall furnish the buyer a notice that contains the statement set forth in subsection (1)(a) or a statement as prescribed by federal trade commission rule governing door-to-door sales and printed in capital and lowercase letters of not less than 10-point boldfaced type with the seller's name and business address and the statement set forth in subsection (1)(b):
(a) YOU MAY CANCEL THIS SALE WITHIN THREE BUSINESS DAYS.
If you decide within 3 days that you want to cancel the sale, tear off and mail the bottom of this card. To cancel, the card must be mailed BY CERTIFIED MAIL within 3 days after you sign the contract.
(date)
(b) CONTRACT CANCELED
I hereby cancel this sale.
(Buyer's signature)
(2) Until the seller has complied with this section, the buyer or any other person obligated for any part of the purchase price may cancel the personal solicitation sale by notifying the seller in any manner and by any means of the intention to cancel. However, failure to mail the cancellation by certified mail does not nullify the cancellation as long as the cancellation is mailed within the prescribed time period. The period prescribed by 30-14-504 begins to run from the time the seller complies with this section.
History: En. Sec. 4, Ch. 426, L. 1973; amd. Sec. 5, Ch. 191, L. 1977; R.C.M. 1947, 85-504; amd. Sec. 965, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-506. Repayment to buyer -- retention of goods by buyer -- court award, costs, and attorney fees

30-14-506. Repayment to buyer -- retention of goods by buyer -- court award, costs, and attorney fees.
(1) Except as provided in this section, within 10 days after a personal solicitation sale has been canceled or an offer to purchase revoked, the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(2) If the downpayment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(3) If the seller refuses within the period prescribed by subsection (1) to return the cash downpayment or goods tendered as downpayment, the seller is liable to the buyer for the entire downpayment, and if the buyer is successful in a court action for recovery, the court shall also award the buyer $500 plus reasonable attorney fees and costs.
(4) Until the seller has complied with this section, the buyer may retain possession of goods delivered by the seller and has a lien on the goods or control for any recovery to which the buyer may be entitled.
History: En. Sec. 5, Ch. 426, L. 1973; amd. Sec. 6, Ch. 191, L. 1977; R.C.M. 1947, 85-505; amd. Sec. 10, Ch. 137, L. 1979; amd. Sec. 16, Ch. 322, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-507. Redelivery of goods

30-14-507. Redelivery of goods.
(1) Except as provided by 30-14-506(4), within a reasonable time after a personal solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale but need not tender at any place other than the buyer's residence. If the seller fails to demand possession of the goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, 40 days is presumed to be a reasonable time.
(2) The buyer shall take reasonable care of the goods in the buyer's possession both before cancellation or revocation and for a reasonable time after cancellation or revocation, during which time the goods are otherwise at the seller's risk, and the goods must be returned in substantially the same condition as received.
History: En. Sec. 6, Ch. 426, L. 1973; amd. Sec. 7, Ch. 191, L. 1977; R.C.M. 1947, 85-506; amd. Sec. 966, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 5. Personal Solicitation Sales › 30-14-508. Violation

30-14-508. Violation.
Except where inconsistent with the provisions of this part, a violation of this part is a violation of part 1.
History: En. 85-507 by Sec. 8, Ch. 191, L. 1977; R.C.M. 1947, 85-507.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 6. Sale of Imitation Indian Articles › 30-14-601. Definitions

30-14-601. Definitions.
As used in this part, the following definitions apply:
(1) "Imitation Indian arts or crafts articles" means those made by machine or made wholly out of synthetic or artificial materials or articles which are not made by Indian labor or workmanship.
(2) "Indian" means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the bureau of Indian affairs or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.
History: En. Sec. 1, Ch. 42, L. 1967; R.C.M. 1947, 85-301.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 6. Sale of Imitation Indian Articles › 30-14-602. Articles to be designated and segregated

30-14-602. Articles to be designated and segregated.
A person may not distribute, sell, or offer for sale in this state any imitation American Indian arts or crafts articles unless the articles are at all times clearly and legibly designated as imitation. All imitation articles must be physically segregated from authentic Indian articles for display purposes. All imitation Indian arts or crafts articles must be displayed near a sign prominently and legibly designating the articles as imitation.
History: En. Sec. 2, Ch. 42, L. 1967; amd. Sec. 1, Ch. 52, L. 1973; R.C.M. 1947, 85-302; amd. Sec. 1, Ch. 182, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 6. Sale of Imitation Indian Articles › 30-14-603. Designation of authenticity

30-14-603. Designation of authenticity.
Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed authentic Indian arts or crafts articles.
History: En. Sec. 3, Ch. 42, L. 1967; R.C.M. 1947, 85-303.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 6. Sale of Imitation Indian Articles › 30-14-604. Violation as misdemeanor

30-14-604. Violation as misdemeanor.
Any person who violates this part is guilty of a misdemeanor.
History: En. Sec. 4, Ch. 42, L. 1967; R.C.M. 1947, 85-304.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 7. Fraudulent Financing of Mining and Oil Companies › 30-14-701. Mining and oil companies -- fraudulent handling of finances

30-14-701. Mining and oil companies -- fraudulent handling of finances.
For the purposes of 30-14-701 through 30-14-704, the following acts and offenses relative to the handling of the finances of mine and oil operations within the state of Montana shall be deemed fraudulent:
(1) failure to expend at least 75% of all money raised from the public from the sale of stock or securities of any other kind or character in the actual operation and development of the oil and mining property or in the construction of treating plants or from bona fide payments on the purchase price of state property;
(2) failure to apply net earnings from said operations, after deducting only reasonable and legitimate expenses, to either a reserve fund, distribution of dividends, liquidation of bona fide indebtedness, or reasonable development of said properties;
(3) the operation of holding companies in such a manner as to deprive the stockholders of the parent company of an equitable interest in the earnings of the parent company.
History: En. Sec. 1, Ch. 199, L. 1935; re-en. Sec. 11458.1, R.C.M. 1935; Sec. 94-2322, R.C.M. 1947; redes. 15-22-141 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 15-22-141.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 7. Fraudulent Financing of Mining and Oil Companies › 30-14-702. Application

30-14-702. Application.
The provisions of 30-14-701 through 30-14-704 shall apply to any person, corporation, or other form of association now operating or which shall hereafter operate a mining or oil enterprise, the finances of which are derived in whole or in part from subscription and security sales to the public, and operating within the state of Montana. The provisions of 30-14-701 through 30-14-704 do not apply to any person, firm, corporation, or cooperative association holding a permit in good standing from the state securities commissioner or to securities listed on the New York stock exchange, Boston stock exchange, the board of trade of the city of Chicago, the Chicago stock exchange, or the New York curb exchange.
History: En. Sec. 2, Ch. 199, L. 1935; re-en. Sec. 11458.2, R.C.M. 1935; Sec. 94-2323, R.C.M. 1947; redes. 15-22-142 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 15-22-142; amd. Sec. 1, Ch. 84, L. 1983.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 7. Fraudulent Financing of Mining and Oil Companies › 30-14-703. Investigation of complaints

30-14-703. Investigation of complaints.
Any stockholder or creditor of a mining or oil company as heretofore provided in 30-14-701 through 30-14-704 who has bona fide reason to believe that the provisions of 30-14-701 through 30-14-704 have been violated may complain relative thereto to the attorney general of the state, the county attorney of the county in which the property is located, or the state securities commissioner, and it shall be incumbent upon the officers mentioned to make a complete investigation of the records and affairs of said corporation or corporations. In the event the facts disclose the violation of the provisions of 30-14-701 through 30-14-704, it shall be the duty of the officer to prefer charges against the officers and directors of the corporation or corporations involved.
History: En. Sec. 3, Ch. 199, L. 1935; re-en. Sec. 11458.3, R.C.M. 1935; Sec. 94-2324, R.C.M. 1947; redes. 15-22-143 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 15-22-143; amd. Sec. 8, Ch. 351, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 7. Fraudulent Financing of Mining and Oil Companies › 30-14-704. Penalty

30-14-704. Penalty.
Any person or the officers or directors of any corporation, cooperative association, or any other association of any kind or character found guilty of the violation of the provisions of 30-14-701 through 30-14-704 shall be subject to imprisonment in the state prison for a term of not less than 90 days or more than 3 years or by a fine of not less than $100 or more than $1,000 or both such fine and imprisonment.
History: En. Sec. 4, Ch. 199, L. 1935; re-en. Sec. 11458.4, R.C.M. 1935; Sec. 94-2325, R.C.M. 1947; redes. 15-22-144 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 15-22-144.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 8. Retail Motor Fuel Marketing (Repealed) › 30-14-801. Repealed

30-14-801. Repealed.
Sec. 1, I.M. No. 134, Nov. 3, 1998.
History: En. Sec. 1, Ch. 499, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 8. Retail Motor Fuel Marketing (Repealed) › 30-14-802. Repealed

30-14-802. Repealed.
Sec. 1, I.M. No. 134, Nov. 3, 1998.
History: En. Sec. 2, Ch. 499, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 8. Retail Motor Fuel Marketing (Repealed) › 30-14-803. Repealed

30-14-803. Repealed.
Sec. 1, I.M. No. 134, Nov. 3, 1998.
History: En. Sec. 3, Ch. 499, L. 1991; amd. Sec. 6, Ch. 358, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 8. Retail Motor Fuel Marketing (Repealed) › 30-14-804. Repealed

30-14-804. Repealed.
Sec. 1, I.M. No. 134, Nov. 3, 1998.
History: En. Sec. 4, Ch. 499, L. 1991; amd. Sec. 1, Ch. 519, L. 1993.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 8. Retail Motor Fuel Marketing (Repealed) › 30-14-805. Repealed

30-14-805. Repealed.
Sec. 1, I.M. No. 134, Nov. 3, 1998.
History: En. Sec. 5, Ch. 499, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 8. Retail Motor Fuel Marketing (Repealed) › 30-14-806. Repealed

30-14-806. Repealed.
Sec. 1, I.M. No. 134, Nov. 3, 1998.
History: En. Sec. 6, Ch. 499, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 9. Price Discrimination › 30-14-901. Discrimination in price

30-14-901. Discrimination in price.
(1) It is unlawful for a business to discriminate, directly or indirectly, in the price charged to different purchasers of commodities of like grade and quality if the effect of the discrimination upon other businesses or customers is to substantially lessen competition, to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any business that grants or knowingly receives the benefit of the discrimination.
(2) This section does not prohibit:
(a) price differentials that make due allowance for the costs of manufacture, sale, or delivery resulting from the differing methods or quantities in which the commodities are sold or delivered to the purchasers;
(b) businesses engaged in selling commodities from selecting their own customers in bona fide transactions and not in restraint of trade; or
(c) price changes from time to time made in response to changing conditions affecting the market for, or the marketability of, the commodities, including but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasoned goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.
(3) It is unlawful for a business to discriminate in favor of one purchaser against another purchaser of a processed or unprocessed commodity bought for resale by contracting to furnish, by furnishing, or by contributing to the furnishing of any service or facility connected with the processing, handling, sale, or offering for sale of the commodity purchased upon terms not accorded to all purchasers on proportionally equal terms.
(4) It is unlawful for a business to knowingly induce or receive a discrimination in price that is prohibited by this section.
(5) This section does not apply to industry members regulated by Title 16, chapters 1 through 4 and 6.
History: En. Sec. 1, Ch. 486, L. 1991; amd. Sec. 43, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 9. Price Discrimination › 30-14-902. Return of net earnings or surplus of cooperative association -- exemption of nonprofit institution from price discrimination provision

30-14-902. Return of net earnings or surplus of cooperative association -- exemption of nonprofit institution from price discrimination provision.
(1) Section 30-14-901 may not be construed to prevent a cooperative association from returning to its members, producers, or consumers, in proportion to their purchases or sales from, to, or through the association, all or any part of the net earnings or surplus resulting from its trading operations.
(2) Section 30-14-901 does not apply to the purchase of supplies for its own use by a school, college, university, public library, church, hospital, or charitable institution not operated for profit.
History: En. Sec. 2, Ch. 486, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 9. Price Discrimination › 30-14-903. Federal interpretation

30-14-903. Federal interpretation.
It is the intent of the legislature that in construing 30-14-901 and 30-14-902, due consideration and weight be given to the interpretations of the federal trade commission and the federal courts relating to the provisions of the federal Robinson-Patman Antidiscrimination Act regarding discrimination in price that are codified in 15 U.S.C. 13(b) and (c).
History: En. Sec. 3, Ch. 486, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 9. Price Discrimination › 30-14-904. Burden of rebutting prima facie case of discrimination

30-14-904. Burden of rebutting prima facie case of discrimination.
(1) In a proceeding for a violation of 30-14-901, if proof is made that there has been discrimination in price, the burden of rebutting the prima facie case by showing justification is upon the person charged with a violation of 30-14-901.
(2) A seller may rebut the prima facie case by showing that a lower price to a purchaser was made in good faith to meet an equally low price of a competitor.
History: En. Sec. 4, Ch. 486, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 9. Price Discrimination › 30-14-905. Recovery on illegal contracts forbidden

30-14-905. Recovery on illegal contracts forbidden.
A contract, express or implied, made by a person in violation of the provisions of 30-14-901 is an illegal contract, and no recovery may be had on the contract.
History: En. Sec. 5, Ch. 486, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 9. Price Discrimination › 30-14-906. Injunctions -- damages -- production of evidence

30-14-906. Injunctions -- damages -- production of evidence.
(1) A person who is injured by a violation of 30-14-901 may maintain an action to enjoin a continuance of an act in violation of 30-14-901 and to recover damages. A court, upon finding that the defendant is violating or has violated the provisions of 30-14-901, shall enjoin the defendant from continuing the violation. It is not necessary to allege or prove actual damages to the plaintiff.
(2) In addition to injunctive relief, the plaintiff may recover from the defendant three times the amount of actual damages sustained plus attorney fees and costs of suit.
(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 a defendant may be brought into court and introduced into evidence by reference. Information so obtained may not be used against the defendant as a basis for a misdemeanor prosecution for a violation of 30-14-901.
History: En. Sec. 6, Ch. 486, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 10. Home Inspection Trade Practices Act (Renumbered and Repealed) › 30-14-1001. Repealed

30-14-1001. Repealed.
Sec. 10, Ch. 294, L. 2019.
History: En. Sec. 1, Ch. 276, L. 1999.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 10. Home Inspection Trade Practices Act (Renumbered and Repealed) › 30-14-1002. Repealed

30-14-1002. Repealed.
Sec. 10, Ch. 294, L. 2019.
History: En. Sec. 2, Ch. 276, L. 1999.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 10. Home Inspection Trade Practices Act (Renumbered and Repealed) › 30-14-1003. Repealed

30-14-1003. Repealed.
Sec. 10, Ch. 294, L. 2019.
History: En. Sec. 3, Ch. 276, L. 1999.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 10. Home Inspection Trade Practices Act (Renumbered and Repealed) › 30-14-1004. Renumbered 39-9-213

30-14-1004. Renumbered 39-9-213.
Sec. 11, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 10. Home Inspection Trade Practices Act (Renumbered and Repealed) › 30-14-1005. Repealed

30-14-1005. Repealed.
Sec. 10, Ch. 294, L. 2019.
History: En. Sec. 5, Ch. 276, L. 1999.
2023 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.
2023 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.