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Can you summarize MTCO Title 30, Chapter 14, Part 17?
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION > Impediment of Identity Theft
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 willfully or negligently fails to comply with the requirements imposed in sections 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 in this document.
What are the Penalties?
For willful non-compliance: 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 obtaining a credit report or requesting a security freeze under false pretenses: liable to the consumer reporting agency for actual damages sustained by the agency or $1,000, whichever is greater. For negligent non-compliance: liable for actual damages sustained by the consumer and the costs of the action together with reasonable attorney fees. Additionally, if 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.
Jurisdiction
Montana