Terms Used In Montana Code > Title 30 > Chapter 14 - Unfair Trade Practices and Consumer Protection

• Actual price: means the price paid by a motorsports dealer to a motorsports manufacturer for a motorsports product less any pecuniary benefit relating to a motorsports product paid or credited by the motorsports manufacturer to the motorsports dealer or the ultimate purchaser of the motorsports product. See Montana Code 30-14-2501
• Administrator: means the person who is responsible for the administration of service contracts. See Montana Code 30-14-1301
• Administrator: means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. See Montana Code 30-14-2202
• Affiliate: means a legal entity that shares common branding with another legal entity or controls, is controlled by, or is under common control with another legal entity. See Montana Code 30-14-2802
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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. See Montana Code 30-14-202
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authenticate: means to use reasonable methods to determine that a request to exercise any of the rights afforded under 30-14-2808(1)(a) through (1)(e) is being made by, or on behalf of, the consumer who is entitled to exercise these consumer rights with respect to the personal data at issue. See Montana Code 30-14-2802
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Biometric data: means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that are used to identify a specific individual. See Montana Code 30-14-2802
• 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. See Montana Code 30-14-303
• Borrower: means a debtor, retail buyer, or lessee under a finance agreement. See Montana Code 30-14-2202
• 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. See Montana Code 30-14-202
• Buyer: means anyone who gives a consideration for the purchase or use of goods or services. See Montana Code 30-14-502
• Caller identification service: means a type of telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls. See Montana Code 30-14-1601
• Child: means an individual under 13 years of age. See Montana Code 30-14-2802
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential or proprietary information: means trade secrets as defined in 30-14-402 and includes business plans, marketing plans or strategies, customer lists, contracts, sales data, revenue, or other financial information. See Montana Code 30-14-2501
• Consent: means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to allow the processing of personal data relating to the consumer. See Montana Code 30-14-2802
• Consumer: means a person who purchases or leases goods, services, real property, or information primarily for personal, family, or household purposes. See Montana Code 30-14-102
• Consumer: means an individual who borrows money or leases or obtains property or services under a written agreement. See Montana Code 30-14-1102
• Consumer: means a person:

  (a)who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;

  (b)to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;

  (c)who may enforce the warranty; or

  (d)who leases a wheelchair from a wheelchair lessor under a written lease. See Montana Code 30-14-1202

• Consumer: means a person who is or may be required to pay for goods or services offered by a seller or telemarketer through telemarketing. See Montana Code 30-14-1403
• 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
• Consumer: means an individual who is a resident of this state. See Montana Code 30-14-2802
• Consumer contract: means an agreement for the sale, lease, or loan of money, property, or services primarily for personal, family, or household purposes. See Montana Code 30-14-1102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contract holder: means the person who is the purchaser or holder of a service contract. See Montana Code 30-14-1301
• controlled: means :

  (a)ownership of or the power to vote more than 50% of the outstanding shares of any class of voting security of a company;

  (b)control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or

  (c)the power to exercise controlling influence over the management of a company. See Montana Code 30-14-2802

• Controller: means an individual who or legal entity that, alone or jointly with others, determines the purpose and means of processing personal data. See Montana Code 30-14-2802
• controlling: means :

  (a)the possession of, title to, or control of 10% or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary; or

  (b)the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise. See Montana Code 30-14-2501

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Credit counseling service: means a person that provides or offers to provide debt management plan services to consumers for consideration. See Montana Code 30-14-2003
• Credit counselor: means a person who is an employee or agent of a credit counseling service and who designs debt management plans and provides consumers with budget, basic financial planning, and consumer education services. See Montana Code 30-14-2003
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Creditor: means :

  (a)the lender in a loan or credit transaction;

  (b)the lessor in a lease transaction;

  (c)a retail dealer of motor vehicles that provides credit to buyers as part of a retail sale, provided that the dealer complies with the provisions of this part;

  (d)the seller in commercial retail installment transactions; or

  (e)the assignees of any of the persons set out in subsections (3)(a) through (3)(d) to whom the credit obligation is payable. See Montana Code 30-14-2202

• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• De-identified data: means data that cannot be used to reasonably infer information about or otherwise be linked to an identified or identifiable individual or a device linked to the individual if the controller that possesses the data:

  (a)takes reasonable measures to ensure that the data cannot be associated with an individual;

  (b)publicly commits to process the data in a de-identified fashion only and to not attempt to re-identify the data; and

  (c)contractually obligates any recipients of the data to satisfy the criteria set forth in subsections (11)(a) and (11)(b). See Montana Code 30-14-2802

• Debt management plan: means a written agreement under which a credit counseling service is to receive money from a consumer for the purpose of distributing that money to one or more creditors of the consumer as full or partial payment of the consumer's obligation to the creditor or creditors. See Montana Code 30-14-2003
• Debt settlement provider: means any person or entity engaging in or holding itself out as engaging in the business of debt settlement for compensation that does not in the usual and regular course of business hold, receive, or disburse a debtor's funds in connection with debt settlement services. See Montana Code 30-14-2101
• Decisions that produce legal or similarly significant effects concerning the consumer: means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to necessities such as food and water. See Montana Code 30-14-2802
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of justice created in 2-15-2001. See Montana Code 30-14-102
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 30-14-202
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 30-14-1301
• Department: means the department of justice created in 2-15-2001. See Montana Code 30-14-1403
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 30-14-1601
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 30-14-2003
• Department: means the department of justice created in 2-15-2001. See Montana Code 30-14-2501
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors. See Montana Code 30-14-303
• Documentary material: means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording. See Montana Code 30-14-102
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Exhibitor: means any person engaged in the business of operating a theater in this state. See Montana Code 30-14-303
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Fiduciary: A trustee, executor, or administrator.
• Finance agreement: means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle. See Montana Code 30-14-2202
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fleet: means a group of 15 or more new motorsports vehicles that are sold or leased by a motorsports dealer at one time under a single purchase or lease agreement for use as part of a fleet. See Montana Code 30-14-2501
• Fraud: Intentional deception resulting in injury to another.
• Free look period: means the period of time from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the contract without penalty, fees, or costs to the borrower. See Montana Code 30-14-2202
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• GAP waiver: means a contractual agreement that is part of or a separate addendum to the finance agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of a motor vehicle. See Montana Code 30-14-2202
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift certificate: means a record, including a gift card or stored value card, that is provided for paid consideration and that indicates a promise by the issuer or seller of the record that goods or services will be provided to the possessor of the record for the value that is shown on the record or contained within the record by means of a microprocessor chip, magnetic stripe, bar code, or other electronic information storage device. See Montana Code 30-14-102
• Goods or services: means any real property, any tangible or intangible personal property, or services of any kind provided or offered to a person. See Montana Code 30-14-1403
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Identified or identifiable individual: means an individual who can be readily identified, directly or indirectly. See Montana Code 30-14-2802
• 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. See Montana Code 30-14-402
• Incidental costs: means expenses specified in a vehicle theft protection product warranty that are incurred by the vehicle theft protection product warranty holder due to the failure of a vehicle theft protection product to perform as provided in the contract. See Montana Code 30-14-1301
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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. See Montana Code 30-14-601
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurer: means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state. See Montana Code 30-14-2202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• License agreement: means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. See Montana Code 30-14-303
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacturer: means a person or an agent of a person who manufactures or assembles wheelchairs. See Montana Code 30-14-1202
• Market area: means either a city in Montana or a city in any of the 11 western states that prohibits blind bidding. See Montana Code 30-14-303
• Material aspect: means any factor likely to affect a person's choice of or conduct regarding goods or services. See Montana Code 30-14-1403
• 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. See Montana Code 30-14-402

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means a self-propelled or towed vehicle designed for personal or commercial use, including but not limited to an automobile, truck, motorcycle, recreational vehicle, all-terrain vehicle, snowmobile, camper, boat, and personal watercraft and a trailer used to transport a motorcycle, boat, camper, or personal watercraft. See Montana Code 30-14-2202
• Motorsports dealer: means a new motor vehicle dealer as defined in 61-4-201 who sells motorsports vehicles. See Montana Code 30-14-2501
• Motorsports manufacturer: means a manufacturer, distributor, distributor branch, factory branch, or importer, as those terms are defined in 61-4-201, who sells motorsports vehicles to motorsports dealers within this state. See Montana Code 30-14-2501
• Motorsports vehicle: means a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, a motorcycle as defined in 61-1-101, a motor-driven cycle as defined in 61-1-101, an off-highway vehicle as defined in 61-1-101, or a quadricycle as defined in 61-1-101. See Montana Code 30-14-2501
• Nonconformity: means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. See Montana Code 30-14-1202
• 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.
• Operate: means to manage a motorsports dealership, whether directly or indirectly. See Montana Code 30-14-2501
• 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. See Montana Code 30-14-202

• Oversight: Committee review of the activities of a Federal agency or program.
• ownership: means to hold the beneficial ownership of 1% or more of any class of equity interest in a motorsports dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. See Montana Code 30-14-2501
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. See Montana Code 30-14-102
• Person: includes any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state. See Montana Code 30-14-202
• 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. See Montana Code 30-14-402
• Person: means an individual, partnership, corporation, incorporated or unincorporated association, limited liability company, limited liability partnership, joint-stock company, reciprocal insurer, syndicate, or any similar entity or combination of entities acting in concert. See Montana Code 30-14-1301
• Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity. See Montana Code 30-14-1403
• 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
• Person: includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity. See Montana Code 30-14-2202
• Person: has the meaning provided in 30-14-102. See Montana Code 30-14-2501
• Personal data: means any information that is linked or reasonably linkable to an identified or identifiable individual. See Montana Code 30-14-2802
• 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. See Montana Code 30-14-502

• 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. See Montana Code 30-14-502
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Possessor: means a natural person who has physical control over a gift certificate. See Montana Code 30-14-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Principal amount of the debt: means the total amount of debt of an individual at the time the individual is accepted into a debt settlement program. See Montana Code 30-14-2101
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Prize: means anything offered, purportedly offered, given, or purportedly given to a person by chance. See Montana Code 30-14-1403
• Prize promotion: means a sweepstakes or other game of chance or an oral or written representation, express or implied, that a person has won, has been selected to receive, or is eligible to receive a prize or purported prize. See Montana Code 30-14-1403
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• processing: means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Montana Code 30-14-2802
• Processor: means an individual who or legal entity that processes personal data on behalf of a controller. See Montana Code 30-14-2802
• Profiling: means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. See Montana Code 30-14-2802
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provider: means a person who is contractually obligated to the service contract holder or vehicle theft protection product warranty holder under the terms of the service contract or vehicle theft protection product warranty. See Montana Code 30-14-1301
• Pseudonymous data: means personal data that cannot be attributed to a specific individual without the use of additional information, provided the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual. See Montana Code 30-14-2802
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Publicly available information: means information that:

  (a)is lawfully made available through federal, state, or municipal government records or widely distributed media; or

  (b)a controller has a reasonable basis to believe a consumer has lawfully made available to the public. See Montana Code 30-14-2802

• Reimbursement insurance policy: means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. See Montana Code 30-14-1301
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residential subscriber: means a person who has subscribed to residential telephone service from a local exchange company and the other persons living or residing with the person. See Montana Code 30-14-1601
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road hazard: means a hazard that is encountered while driving a motor vehicle, including but not limited to potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Montana Code 30-14-1301
• Sale of personal data: means the exchange of personal data for monetary or other valuable consideration by the controller to a third party. See Montana Code 30-14-2802
• Seller: means a lessor, renter, or anyone offering goods or services for consideration, including an assignee of a seller. See Montana Code 30-14-502
• Seller: means a person who, in connection with a telemarketing transaction, provides, offers to provide, or arranges for others to provide goods or services to the consumer in exchange for consideration. See Montana Code 30-14-1403
• Sensitive data: means personal data that includes:

  (a)data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, information about a person's sex life, sexual orientation, or citizenship or immigration status;

  (b)the processing of genetic or biometric data for the purpose of uniquely identifying an individual;

  (c)personal data collected from a known child; or

  (d)precise geolocation data. See Montana Code 30-14-2802

• Service contract: means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or to indemnify for the repair, replacement, or maintenance of property if an operational or structural failure is due to a defect in materials or manufacturing or to normal wear and tear, with or without an additional provision for incidental payment or indemnity under limited circumstances, including but not limited to towing, rental, and emergency road service. See Montana Code 30-14-1301
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Solicitation: means a written or oral notification or advertisement that:

  (a)is transmitted by or on behalf of a seller or telemarketer by any printed, audio, video, cinematic, telephonic, or electronic means to a consumer; and

  (b)in the case of a notification or advertisement other than by telephone, either of the following conditions is met:

  (i)the notification or advertisement is followed by a telephone call from a seller or telemarketer; or

  (ii)the notification or advertisement induces a response by telephone and, through that response, a seller or telemarketer attempts to make a sale of goods or services. See Montana Code 30-14-1403

• 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
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• Summons: Another word for subpoena used by the criminal justice system.
• Supervised financial organization: means any bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, consumer finance lender, commercial finance lender, or insurer, provided that the organization is subject to supervision by an agency of this or any other state of the United States or an agency, bureau, or department of government of the United States. See Montana Code 30-14-1403
• Targeted advertising: means displaying advertisements to a consumer in which the advertisement is selected based on personal data obtained or inferred from that consumer's activities over time and across nonaffiliated internet websites or online applications to predict the consumer's preferences or interests. See Montana Code 30-14-2802
• Telemarketer: means a person, located within or outside of this state, who in connection with telemarketing initiates or receives telephone calls to or from a consumer in this state. See Montana Code 30-14-1403
• Telemarketing: means a plan, program, or campaign that is conducted by telephone to induce the purchase of goods or services and that involves more than one telephone call to a consumer. See Montana Code 30-14-1403
• Telephone solicitation: means any voice communication over a telephone line from a live operator, through the use of an automatic dialing-announcing device, or by other means for the purpose of encouraging the purchase of, rental of, or investment in property, goods, or services. See Montana Code 30-14-1601
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theater: means any establishment in which motion pictures are exhibited regularly to the public for a charge. See Montana Code 30-14-303
• Third party: means an individual or legal entity, such as a public authority, agency, or body, other than the consumer, controller, or processor or an affiliate of the controller or processor. See Montana Code 30-14-2802
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trade screening: means the showing of a motion picture by a distributor in the market area. See Montana Code 30-14-303
• 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. See Montana Code 30-14-402

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206
• Vehicle theft protection product: means a device or system that:

  (i)is installed on or applied to a motor vehicle;

  (ii)is designed to prevent loss or damage to a motor vehicle from theft; and

  (iii)includes a vehicle theft protection product warranty. See Montana Code 30-14-1301

• Vehicle theft protection product warranty: means a written agreement by a warrantor that provides that if the vehicle theft protection product fails to prevent loss or damage to a motor vehicle from theft, then the warrantor will pay to or on behalf of the vehicle theft protection product warranty holder specified incidental costs as a result of the failure of the vehicle theft protection product to perform pursuant to the terms of the written agreement. See Montana Code 30-14-1301
• 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. See Montana Code 30-14-202
• Venue: The geographical location in which a case is tried.
• warranty holder: means the person who is the purchaser of a vehicle theft protection product and the holder of a vehicle theft protection product warranty. See Montana Code 30-14-1301
• Wheelchair: means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer. See Montana Code 30-14-1202
• Wheelchair dealer: means a person who is in the retail business of selling wheelchairs. See Montana Code 30-14-1202
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204