Montana Code Annotated
Part 1. Consumer Protection Act
30-14-111. Department to restrain unlawful acts

30-14-111. Department to restrain unlawful acts. (1) Whenever the department has reason to believe that a person is using, has used, or is about to knowingly use any method, act, or practice declared by 30-14-103 to be unlawful and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person.
(2) The notice must state generally the relief sought and be served in accordance with 30-14-115 at least 20 days before the hearing of the action in which the relief sought is a temporary or permanent injunction. The notice for a temporary restraining order is governed by 27-19-315.
(3) An action under this section may be brought in the district court in the county in which a person resides or has the person's principal place of business or in the district court of Lewis and Clark County if the person is not a resident of this state or does not maintain a place of business in this state.
(4) A district court is authorized to issue temporary or permanent injunctions or temporary restraining orders to restrain and prevent violations of this part, and an injunction must be issued without bond.
History: En. Sec. 5, Ch. 275, L. 1973; R.C.M. 1947, 85-405; amd. Sec. 1, Ch. 394, L. 1979; amd. Sec. 3, Ch. 322, L. 2003; amd. Sec. 10, Ch. 535, L. 2021.

Structure Montana Code Annotated

Montana Code Annotated

Title 30. Trade and Commerce

Chapter 14. Unfair Trade Practices and Consumer Protection

Part 1. Consumer Protection Act

30-14-101. Short title

30-14-102. Definitions

30-14-103. Unlawful practices

30-14-104. Federal interpretation -- rules determining unfair competition and deception

30-14-105. Exemptions

30-14-106. and 30-14-107 reserved

30-14-108. Termination of gift certificate prohibited -- fee limitation -- redemption -- posting required

30-14-109. and 30-14-110 reserved

30-14-111. Department to restrain unlawful acts

30-14-112. Assurance of compliance

30-14-113. Investigative demand

30-14-114. Department authority

30-14-115. Service of process -- how made

30-14-116. through 30-14-120 reserved

30-14-121. Duties of county attorney

30-14-122. Employment of investigator by county attorney

30-14-123. through 30-14-130 reserved

30-14-131. Restoration -- court orders

30-14-132. Powers of receiver -- proof of damages -- jurisdiction

30-14-133. Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence

30-14-134. Enforcement of department orders -- contempt

30-14-135. through 30-14-140 reserved

30-14-141. Dissolution or forfeiture of corporate franchise

30-14-142. Penalties

30-14-143. Disposition of civil fines, settlement proceeds, amounts awarded in judgments, costs, and fees

30-14-144. Additional penalty for unfair or deceptive act committed against older person or developmentally disabled person

30-14-145. through 30-14-150 reserved

30-14-151. Renumbered 30-14-2201

30-14-152. Renumbered 30-14-2202

30-14-153. Renumbered 30-14-2203

30-14-154. Renumbered 30-14-2204

30-14-155. Renumbered 30-14-2205

30-14-156. Renumbered 30-14-2206

30-14-157. Renumbered 30-14-2207