§ 30-14-1112 — Limitations On Remedies

Montana § 30-14-1112

• Jurisdiction: Montana
• Title 30: TRADE AND COMMERCE
• Ch. 14: UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION
• Part 11: Plain Language in Contracts

Text

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.
(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.

Legislative History

En. Sec. 6, Ch. 615, L. 1985; amd. Sec. 967, Ch. 56, L. 2009.