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Can I charge different prices to different customers without violating discrimination laws in Montana? What are the requirements?
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According to MTCO 30-14-901, businesses can charge different prices to different customers as long as the price differentials make due allowance for the costs of manufacture, sale, or delivery resulting from the differing methods or quantities in which the commodities are sold or delivered to the purchasers. However, if the effect of the discrimination upon other businesses or customers is to substantially lessen competition, to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any business that grants or knowingly receives the benefit of the discrimination, it would be considered unlawful discrimination in price.
It is important to note that discrimination in pricing is also prohibited in other contexts in Montana. For example, discrimination is prohibited in public accommodations [2.2], financing and credit transactions [2.5], insurance and retirement plans [2.4], and by the state [2.1]. In these contexts, it is unlawful to discriminate based on factors such as sex, marital status, race, creed, religion, age, physical or mental disability, color, or national origin.
Therefore, businesses must ensure that their pricing practices do not violate any of these discrimination laws in Montana.
Source(s):
- [2.1] Discrimination by the state
- [2.2] Discrimination in public accommodations
- [2.4] Discrimination in insurance and retirement plans
- [2.5] Discrimination in financing and credit transactions
Jurisdiction
Montana