Consumer UDAP Demand Letter - Montana

Montana Consumer UDAP Demand Letter

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], MT [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Montana Bar No.: [________________________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Mail No.: [________________________________]
and via email to: [________________________________]

To:
[Respondent Legal Name]
Attn: [Officer / Manager / Registered Agent]
[Street Address]
[City], MT [Zip Code]

Cc (registered agent for service of process):
[Registered Agent Name per MT Secretary of State]
[Agent Address]
[City], MT [Zip Code]

Re: Block

RE: DEMAND FOR RELIEF UNDER THE MONTANA CONSUMER PROTECTION ACT (MONT. CODE ANN. § 30-14-101 et seq.)

Consumer: [Consumer Name]
Transaction/Account No.: [________________________________]
Date of Transaction: [__/__/____]
Amount in Controversy: $[________________________________]

I. Parties

A. Consumer

[Consumer Full Legal Name] ("Consumer") is a natural person residing at [Street Address], [City], Montana [Zip Code]. Consumer purchased or leased the goods, services, real property, or information at issue for personal, family, or household purposes and is a "consumer" entitled to bring an individual action under Mont. Code Ann. § 30-14-133(1)(a).

B. Respondent

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] [organized under the laws of [State] / doing business in Montana], that resides, has its principal place of business, or is doing business at [Address]. Respondent engaged in "trade or commerce" within the meaning of Mont. Code Ann. § 30-14-102 and committed the acts described below in the conduct of that trade or commerce. Respondent's registered agent for service of process is [Registered Agent Name], at [Address].

II. Factual Background

A. The Transaction

On or about [__/__/____], Consumer [purchased / leased / contracted for] the following from Respondent:

• Product/Service: [________________________________]
• Location / Channel of Transaction: [________________________________]
• Purchase/Lease Price: $[________________________________]
• Contract / Invoice No.: [________________________________]
• Payment Method: [________________________________]
• Warranty / Service Terms: [________________________________]

B. Unfair or Deceptive Practices Alleged

Respondent committed one or more "unfair ... or deceptive acts or practices in the conduct of ... trade or commerce" declared unlawful by Mont. Code Ann. § 30-14-103, namely:

☐ Material misrepresentation concerning the characteristics, quality, grade, or benefits of the goods or services
☐ Failure to disclose a material fact that tends to mislead a reasonable consumer
☐ False or misleading advertising / bait-and-switch (advertising goods or services with no intent to sell them as advertised)
☐ Sale of goods not conforming to representations, samples, or warranties
☐ Failure to honor an express or implied warranty or service obligation
☐ Charging for goods or services not provided, or charging amounts not disclosed
☐ An unfair practice causing substantial injury not reasonably avoidable and not outweighed by countervailing benefits
☐ Other unfair or deceptive act under § 30-14-103: [________________________________]

C. Specific Misrepresentations / Omissions

D. Reliance and Ascertainable Loss

Consumer reasonably relied on Respondent's representations and/or was misled by Respondent's omissions and thereby suffered an ascertainable loss of money or property. Had Consumer known the truth, Consumer would not have entered the transaction, or would not have paid the price actually paid. Consumer's ascertainable loss includes:

• Purchase/contract price paid: $[________________________________]
• Diminution in value: $[________________________________]
• Out-of-pocket expenses: $[________________________________]
• Incidental and consequential damages: $[________________________________]
• Total ascertainable loss: $[________________________________]

III. Legal Authority and Remedies

A. Unlawful conduct — Mont. Code Ann. § 30-14-103. "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful."

B. Private remedies — Mont. Code Ann. § 30-14-133(1)(a). A consumer who suffers an ascertainable loss as a result of a practice declared unlawful by § 30-14-103 may bring an individual action (not a class action) in district court (or an individual claim in justice's court) "to recover money damages in the amount of any ascertainable loss of money or property or $500, whichever is greater." The court "may not award punitive damages but may, in its discretion, award up to three times the money damages ... if actual damages do not exceed $100,000, and may provide any other equitable relief that it considers necessary or proper."

C. Attorney fees — Mont. Code Ann. § 30-14-133(3). The court "may award the prevailing party reasonable attorney fees," except that fees "may not be awarded if the consumer recovers actual damages of $100,000 or more," and fees "are limited to no more than $250 an hour."

D. No mandatory pre-suit demand. Montana does not condition a § 30-14-133 action on a statutory demand or cure period. This letter is sent to afford Respondent an early opportunity to resolve the matter and to establish a settlement record.

IV. Demand for Relief

Consumer demands that Respondent provide the following relief within [twenty-one (21) / thirty (30)] days of the date of this letter:

☐ Refund of $[________________________________] (full purchase/contract price)
☐ Replacement of the goods with conforming goods
☐ Repair of the goods to conform to the representations made
☐ Restitution of $[________________________________]
☐ Rescission of the contract dated [__/__/____] and release of Consumer from all further obligations
☐ Cessation of the unfair or deceptive practice
☐ Correction of any credit reporting or other downstream records
☐ Other: [________________________________]

Total monetary relief demanded: $[________________________________].

V. Consequences of Non-Compliance

If Respondent fails to provide the demanded relief within the time stated, Consumer is prepared to file an individual action under Mont. Code Ann. § 30-14-133 in the district court of [County] County (or in justice's court) and to seek:

• ☐ The greater of the ascertainable loss or $500 (§ 30-14-133(1)(a))
• ☐ Up to treble the money damages in the court's discretion, where actual damages do not exceed $100,000 (§ 30-14-133(1)(a))
• ☐ Other equitable relief the court considers necessary or proper
• ☐ Reasonable attorney fees (capped at $250/hour; unavailable if actual damages are $100,000 or more) under § 30-14-133(3)
• ☐ Pre- and post-judgment interest and costs
• ☐ A complaint to the Montana Office of Consumer Protection, and any other relief the court deems proper

VI. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on notice of its duty to preserve all documents and electronically stored information ("ESI") potentially relevant to the claims described above, including:

• All contracts, invoices, receipts, order confirmations, and account records relating to Consumer
• All advertising, marketing, packaging, website pages, social-media posts, and promotional materials relating to the product or service at issue
• All internal communications (email, chat, SMS), training materials, scripts, and sales policies
• All consumer complaints, BBB filings, AG inquiries, and chargeback files referencing the same or substantially similar conduct
• All quality-control, testing, and inspection records
• Telephone recordings, chat logs, and CRM entries involving Consumer
• ESI metadata, server backups, and disaster-recovery media

Routine destruction or overwriting of any such material must be suspended immediately. Spoliation may give rise to sanctions and adverse evidentiary inferences.

VII. Response Deadline and Method

Respondent must provide a written substantive response to undersigned counsel no later than [__/__/____].

Acceptable responses include: (a) tender of the demanded relief; (b) a written, time-bound offer of settlement; or (c) a written explanation of Respondent's position with supporting documentation.

Response by:

• ☐ U.S. Mail to undersigned counsel at the letterhead address
• ☐ Email to: [________________________________]
• ☐ Telephone for settlement discussions: [________________________________]

All rights, claims, and remedies — statutory, common-law, and equitable — are expressly reserved. Nothing in this letter constitutes a waiver, election of remedies, or release.

Signature Block

Respectfully,

_______________________________________________
[Attorney Name]
[Law Firm Name]
[Street Address]
[City], MT [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Montana Bar No.: [________________________________]

Attorney for [Consumer Name]

Enclosures:

• ☐ Copy of contract / invoice / receipt
• ☐ Copies of advertising / marketing materials
• ☐ Photographs of goods or evidence of defect
• ☐ Prior correspondence
• ☐ Other: [________________________________]

Pre-Send Checklist

• ☐ Confirmed Consumer is a "consumer" (purchase/lease for personal/family/household purposes) with an ascertainable loss (§ 30-14-133(1)(a))
• ☐ Identified the § 30-14-103 unfair/deceptive practice with specificity and tied it to the loss
• ☐ Verified Respondent's legal name and registered agent via the Montana Secretary of State business search
• ☐ Sent via certified mail, return receipt requested; retained tracking and green card
• ☐ Diaried the response deadline ([__/__/____]) and the SOL ([__/__/____])
• ☐ Assessed treble-damages exposure ($100,000 actual-damages ceiling) and attorney-fee limits ($100,000 ceiling; $250/hour cap)
• ☐ Confirmed the action will be individual, not a class action
• ☐ Preserved Consumer's own records (texts, emails, photos, packaging)
• ☐ Considered a complaint to the Montana Office of Consumer Protection as a parallel track
• ☐ Document reviewed by supervising attorney before mailing

Sources and References

• Montana Consumer Protection Act, Mont. Code Ann. § 30-14-101 et seq. (Title 30, Ch. 14, Part 1): https://leg.mt.gov/bills/mca/title_0300/chapter_0140/part_0010/sections_index.html
• Mont. Code Ann. § 30-14-103 (Unlawful practices) — MCA: https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/section_0030/0300-0140-0010-0030.html
• Mont. Code Ann. § 30-14-133 (Damages; attorney fees) — MCA: https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/section_0330/0300-0140-0010-0330.html
• Mont. Code Ann. § 30-14-133 — Justia: https://law.justia.com/codes/montana/title-30/chapter-14/part-1/section-30-14-133/
• Montana Office of Consumer Protection (Department of Justice): https://dojmt.gov/consumer/