31-1-724. Civil remedies. (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.

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Terms Used In Montana Code 31-1-724

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)Any intentional violation of this part constitutes an unfair or deceptive trade practice.

(3)Any person found to have intentionally violated this part is liable to the consumer for actual and consequential damages, plus statutory damages of $1,000 for each violation, plus costs and attorney fees.

(4)A consumer may sue for injunctive and other appropriate equitable relief to stop a person from violating any provisions of this part.

(5)The consumer may bring a class action suit to enforce this part.

(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.