Montana Code 30-14-2015. Remedies — penalty
30-14-2015. Remedies — penalty. (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.
Terms Used In Montana Code 30-14-2015
- Consumer: means an individual who, singly or jointly with another individual, owes money to one or more creditors for personal, family, or household purposes. See Montana Code 30-14-2003
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of justice provided for in 2-15-2001. See Montana Code 30-14-2003
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means an individual, sole proprietorship, firm, partnership, corporation, limited liability partnership or company, or other entity and includes a nonprofit organization exempt from taxation under 501(c)(3) of the Internal Revenue Code, 26 U. See Montana Code 30-14-2003
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Any violation of this part constitutes an unfair or deceptive trade practice and is a violation of 30-14-103.
(3)A person found to have violated this part is liable to the person harmed for actual and consequential damages or $500, whichever is greater, for each violation, plus costs and attorney fees.
(4)A person harmed by a violation of this part may sue for injunctive and other appropriate equitable relief.
(5)A person harmed by a violation of this part may bring a class action suit.
(6)The remedies provided in this section are not intended to be the exclusive remedies available to a consumer for a violation of this part.
(7)The department, the attorney general, or a county attorney, on behalf of state residents who have suffered a loss or harm as a result of a violation of this part, may seek any remedy provided by Title 30, chapter 14, part 1.
(8)A person engaged in credit counseling in this state without a license, a person who fails to maintain a separate trust account for consumer funds, or a person who fails to maintain any records required by the provisions of this part or by department rule shall be fined an amount not to exceed $5,000 for each violation.