30-19-116. Enforcement -- bona fide errors. (1) Except when inconsistent with the provisions of this part, a violation of this part is a violation of Title 30, chapter 14, part 1.
(2) (a) A lessor may not be held liable for a violation of the provisions of this part if the lessor proves by a preponderance of evidence that the violation was not intentional and resulted from bona fide error despite the lessor's maintenance of procedures reasonably intended to avoid the error.
(b) (i) For the purposes of this section, a bona fide error includes but is not limited to clerical, calculation, computer malfunction, programming, and printing error.
(ii) An error of legal judgment with respect to a person's obligations under this part is not a bona fide error.
History: En. Sec. 12, Ch. 263, L. 2001.
Structure Montana Code Annotated
Chapter 19. Rental and Rental-Purchase Agreements
Part 1. Montana Rental-Purchase Agreement Act
30-19-104. Exemptions of applicability
30-19-105. through 30-19-108 reserved
30-19-109. Disclosure of information
30-19-110. Information required in disclosure
30-19-111. Provisions prohibited in agreements
30-19-112. Reinstatement of agreement -- repossession
30-19-113. Written receipt for cash or money order
30-19-114. Renegotiation of rental-purchase agreement -- extension not considered renegotiation