§ 61-4-217 — Standing To Bring Action

61-4-217 . Standing to bring action. (1) The following entities have standing to seek redress for violations of Title 30, chapters 11 and 14, part 25, of this chapter, or of any other provision of Montana law relating to or affecting the relationship between a manufacturer, person, or entity described in 61-4-208 (1) and a new motor vehicle dealer:
(a) a new motor vehicle dealer;
(b) a transferee of a new motor vehicle dealer; and
(c) any corporation or association that is primarily owned by or composed of new motor vehicle dealers and that primarily represents the interests of new motor vehicle dealers if at least one of the corporation or association members would have standing on its own, the interests that the action seeks to protect are germane to the corporation or association's purpose, and the claim asserted or the relief requested does not require the participation of individual members in the action.
(2) Entities that have standing under subsection (1) may:
(a) file a petition and request the department handle the matter as an administrative proceeding; or
(b) bring a civil action in a court of competent jurisdiction.
(3) An action filed under this section may seek:
(a) recovery of actual damages;
(b) declaratory or injunctive relief; or
(c) reasonable costs of the suit and attorney fees to a prevailing party.
(4) A court or administrative hearing officer may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained for a willful violation of this chapter.

Legislative History

En. Sec. 3, Ch. 389, L. 2021.