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Can you summarize MTCO 30-14-1736?
Impediment of Identity Theft > Violations -- penalties
Short Summary
This legal document, part of the Montana Code on Unfair Trade Practices and Consumer Protection, governs the Impediment of Identity Theft. It applies to any person who willfully or negligently fails to comply with the requirements imposed in sections 30-14-1727 through 30-14-1735 with respect to a consumer. The penalties for non-compliance vary depending on the nature of the violation. For willful non-compliance, the person may be liable for actual damages sustained by the consumer, damages ranging from $100 to $1,000, punitive damages as determined by the court, and the costs of the action together with reasonable attorney fees. If a person obtains a credit report or requests a security freeze under false pretenses, they may be liable to the consumer reporting agency for actual damages sustained by the agency or $1,000, whichever is greater. For negligent non-compliance, the person may be liable for actual damages sustained by the consumer and the costs of the action together with reasonable attorney fees. Additionally, if a court finds that an unsuccessful pleading, motion, or other paper filed under this section was filed in bad faith or for purposes of harassment, the court may award reasonable attorney fees to the prevailing party.
Whom does it apply to?
Any person who fails to comply with the requirements imposed in 30-14-1727 through 30-14-1735 with respect to a consumer
What does it govern?
Impediment of Identity Theft
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
For willful non-compliance: (a) actual damages sustained by the consumer or damages of not less than $100 and not more than $1,000; (b) punitive damages as determined by the court; (c) costs of the action together with reasonable attorney fees. For obtaining credit report or requesting security freeze under false pretenses: actual damages sustained by the consumer reporting agency or $1,000, whichever is greater. For negligent non-compliance: (a) actual damages sustained by the consumer; (b) costs of the action together with reasonable attorney fees. For filing bad faith or harassing pleadings, motions, or papers: reasonable attorney fees as determined by the court.
Jurisdiction
Montana