Montana Consumer Law

Consumer protection laws are government regulations intended to protect consumers from fraud or abuse by salespersons, shopkeepers, or manufacturers. Such laws also exist to ensure that information regarding a product is truthfully disclosed to all consumers, so the consumer can make informed purchasing decisions. Consumer protection laws exist on both the state and the federal level. The term “consumer” refers to any person who purchases goods or services for their personal use. 

The Federal Trade and Commissions Act, or “FTCA,” serves as one of the largest consumer protection laws. This is a rather broad act that determines industry standards for all businesses. Essentially, the Act prevents businesses from making statements that could be misleading or confusing to the average consumer. Another consumer protection law would be the Fair Packaging and Labeling Act, which regulates the information that is to be presented on the packages of retail products.

Some examples of other issues that consumer protection laws may cover include, but are not limited to:

• False advertising;
• False business claims;
• Various anti-fraud and anti-scam efforts;
• Breaches of consumer contracts;
• Health and safety codes; and
• Dangerous products and products liability issues.

As you can see, consumer protection laws cover a wide variety of different legal topics and subjects. Because of this, it is common that consumer claims involve a violation of more than one consumer protection law.

How Is a Consumer Protection Law Enforced?

In addition to the Federal Trade and Commissions Act, some other Acts which enforce consumer protection law include:

• The Fair Credit Reporting Act (“FCRA”): The FCRA is a federal law that regulates how a consumer’s credit information is used. It dictates the way in which credit reporting agencies may collect, use, and share credit information. An example of how the FCRA is used would be that it ensures that the information included on a person’s credit report is accurate. Without the protections provided by the FCRA, a person’s credit history could be viewed and shared with no limitations whatsoever;
• The Fair Debt Collection Practices Act (“FDCPA”): The FDCPA regulates the way in which debt is collected. It is intended to avoid abusive and deceptive practices used by debt collectors when attempting to collect debts from debtors; and  
• The Fair Credit Billing Act: This Act allows consumers to dispute and correct billing errors that have been made by a creditor, such as a credit card company. The FCBA details what a creditor must do when they make a mistake, as well as what rights the consumer has in such circumstances. However, it is important to note that the Fair Credit Billing Act is not automatic; in order to receive the Act’s protections, the consumer must contact the creditor within sixty days to notify them of their error(s).

Generally speaking, the Federal Trade Commission is the primary regulatory body that enforces these laws. Additionally, they ensure that anyone who violates these laws will be penalized. An example of this would be how the FTC regulates companies from forming monopolies, which is also known as antitrust regulation. The FTC exists to protect both consumers and businesses in the following ways:

• Protecting consumers from false advertising, as well as other forms of fraud;
• Enforcing various laws related to consumer credit;
• Regulating business marketing and warranty practices; and
• Enforcing laws and trade regulation rules, and developing new rules to protect the evolving marketplace.

At the state level, consumer protection laws vary. Each state maintains laws prohibiting deceptive practices, although consumer protection may be more strictly regulated in some states as opposed to others.

Can you File a Lawsuit for Violations of Consumer Protection Laws in Montana?

While it depends on the circumstances, a consumer may be able to file an individual lawsuit in order to recover personal losses resulting from violations of consumer protection laws. Many consumer protection laws encourage consumers to report any instances of consumer fraud or abuse. Additionally, some state laws actually encourage consumers to file a private lawsuit in order to assist with the protection of consumer rights.

A consumer may be asked to participate in a class action lawsuit on behalf of a class of consumers who have been injured by the same company. A class action is a lawsuit that is generally brought by one or more persons on behalf of a group of others. Everyone involved must share similar legal issues, and there must be so many individuals that it would not make sense to bring separate lawsuits for the same issue. Also, the class must be certified by the court in order to bring an action. 

The court will consider the following before certifying a class:

• The plaintiffs will adequately represent the interests of the whole class;
• There must be no conflicts of interest;
• They must be competent;
• The claims of the representatives must be similar, and represent the entire class; and
• The question of fact must come from one act or a pattern of conduct displayed by the defendant.

In a consumer protection lawsuit, the following issues will usually be covered:

• Whether or not the law applies to the issue at hand;
• If the defendant engaged in the type of misconduct that is prohibited by the law; and
• Whether the plaintiff actually qualifies as a consumer.

The consumer may recover damages for any injuries or lost profits caused by the defendant’s violation of a consumer protection law. Alternatively, a judge may issue an injunction which orders the defendant to cease any dangerous or illegal activities that have occurred. It is important to reiterate that most consumer law violations are addressed by class action lawsuits, and not private civil suits.

In order to file a consumer complaint in Montana, you must first exhaust all of your administrative remedies. What this means is you must do everything you can to settle the issue outside of court before actually filing a lawsuit for violations of consumer laws in Montana. Complaints are addressed by the Office of Consumer Protection.

Does Montana Have Any Unique Consumer Protection Laws?

Montana maintains two laws which provide additional protection to consumers, outside of federal consumer law. These laws are the Unfair Trade Practices, and the Consumer Protection Act. Both of these laws provide legal options for consumers whose rights have been violated.

In short, Montana’s laws regarding deceptive trade practices provide broad protections, such as a general ban on “unfair methods of competition and unfair or deceptive acts or practices.” Some examples of what this general ban covers include, but may not be limited to:

• False advertising;
• Fraudulent sales practices;
• Any effort to deceive consumers for any reason; and
• Any attempt to hinder free and fair competition.

Should I Consult a Montana Attorney About Any Consumer Protection Violations?

If you live in Montana and feel you have been a victim of consumer protection violations, you should immediately consult with an experienced Montana consumer lawyer. An experienced attorney who practices products and services law in Montana will be best suited to helping you understand your legal rights and options according to Montana laws. 

An attorney can help you determine your best course of legal action, and will also be able to represent you in court, as needed. Further, should you need to join a class action lawsuit, an attorney will be familiar with the class action lawsuits in the area, and help you join the class.