Montana Code 30-14-1112. Limitations on remedies
30-14-1112. Limitations on remedies. (1) A consumer may not bring an action under 30-14-1111 after the date on which the consumer’s obligations in connection with the agreement are scheduled to be finally performed.
Terms Used In Montana Code 30-14-1112
- 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. See Montana Code 30-14-1102
- Consumer: means an individual who borrows money or leases or obtains property or services under a written agreement. See Montana Code 30-14-1102
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2)A seller, lessor, or lender is not liable under 30-14-1111 if a good faith attempt is made to comply with requirements of 30-14-1103.
(3)Noncompliance with the requirements of 30-14-1103 does not make a consumer transaction void or voidable if it is otherwise legal, nor may a consumer raise noncompliance as a defense to an obligation to perform in connection with the transaction.
(4)In a class action brought under 30-14-1111, the seller, lessor, or lender is liable under 30-14-1111 for not more than $10,000 plus actual damages.
(5)In any individual transaction, if there is more than one consumer who is party to a single-consumer contract, only one award of statutory damages may be made for that transaction.
(6)A consumer may not bring an action under this part on a contract if the consumer was represented at the signing of the contract by an attorney.
(7)Punitive damages may not be assessed in an action brought under this part.