Lemon Law Complaint - Montana

MONTANA NEW MOTOR VEHICLE WARRANTY COMPLAINT

1. CAPTION

IN THE [NUMBER] JUDICIAL DISTRICT COURT OF THE STATE OF MONTANA
IN AND FOR THE COUNTY OF [COUNTY]

Cause No. [________________]

COMPLAINT FOR INDIVIDUAL RELIEF UNDER MCA §§ 61-4-501 THROUGH 61-4-533 AND 30-14-133

Plaintiff alleges:

2. PARTIES, COURT, AND VEHICLE

1. Plaintiff [NAME] resides in [COUNTY, STATE].

2. Plaintiff is a “consumer” under MCA § 61-4-501(2) because Plaintiff is the [PURCHASER / LESSEE / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of a passenger motor vehicle used for personal, family, or household purposes and not acquired for resale or lease.

3. Defendant [NAME] is the Vehicle's manufacturer and may be served through [REGISTERED AGENT AND ADDRESS].

4. On [DATE], Plaintiff acquired a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [DEALER]. The transaction documents are attached as Exhibit A.

5. The Vehicle was sold or registered in Montana, is designed primarily to transport persons or property on public highways, and is not a truck with a gross vehicle weight rating of 15,000 pounds or more. If the Vehicle is a motor home, this action concerns only its nonresidential portion. MCA § 61-4-501(5).

6. Defendant's applicable express warranties are attached as Exhibit B.

7. This Court has subject-matter jurisdiction over Plaintiff's individual action under MCA § 30-14-133.

8. Venue is proper under § 30-14-133 because Defendant [RESIDES / HAS ITS PRINCIPAL PLACE OF BUSINESS / DOES BUSINESS] in this county. State any additional venue facts: [DETAILS].

9. Plaintiff does not assert § 61-4-503 liability against the selling or servicing dealer. MCA § 61-4-505.

3. WARRANTY PERIOD, WRITTEN NOTICE, AND REPAIRS

10. The statutory warranty period ended on the earlier of two years after original delivery or the first 18,000 miles of operation. MCA § 61-4-501(7). The applicable dates and mileage are:

11. During that warranty period, Plaintiff notified Defendant or its agent in writing that the Vehicle did not conform to the applicable express warranties. The notice and delivery proof are attached as Exhibit C. MCA § 61-4-502(1).

12. Defendant received prior written notice and had an opportunity to cure the alleged defect. MCA § 61-4-502(2).

13. Any repair occurring after the warranty period remained Defendant's responsibility because Plaintiff gave the written notice during the warranty period. MCA § 61-4-502(1).

14. The repair history is:

15. The continuing defect or condition is [DESCRIBE PRECISELY].

16. The defect or condition substantially impairs the Vehicle's [USE AND MARKET VALUE / SAFETY] to Plaintiff. MCA § 61-4-503(1).

17. The nonconformity did not result from Plaintiff's abuse, neglect, or unauthorized modification or alteration. MCA §§ 61-4-501(2), 61-4-506(3).

4. REASONABLE NUMBER OF ATTEMPTS

18. Select each presumption supported by the evidence under MCA § 61-4-504:

• ☐ Four same-nonconformity repairs. During the warranty period, the same nonconformity was subject to repair four or more times by Defendant, its agent, or an authorized dealer and continues to exist.
• ☐ Thirty business days. During the warranty period and after notification of Defendant, its agent, or the dealer, the Vehicle was out of service because of nonconformity for at least 30 cumulative business days.

19. The supporting facts and calculations are [DETAILS].

20. If neither presumption is selected, the following facts independently establish that Defendant, its agent, or its authorized dealer was unable after a reasonable number of attempts to conform the Vehicle to the express warranty: [DETAILS].

5. DISPUTE-PROCEDURE PREREQUISITE

21. Select and complete the applicable route:

• ☐ Certified manufacturer procedure exhausted. Defendant established a department-certified informal dispute settlement procedure substantially complying with 16 C.F.R. Part 703. Plaintiff first resorted to that procedure without satisfaction on [DATE]. The submission, record, and result are attached as Exhibit D. MCA § 61-4-507.
• ☐ No certified manufacturer procedure. Defendant had no department-certified procedure meeting § 61-4-507, so § 61-4-503 was not conditioned on first resort to a manufacturer procedure.
• ☐ Nonconforming manufacturer procedure; department arbitration de novo. Plaintiff was injured by a manufacturer procedure that did not conform to MCA § 61-4-511 and 16 C.F.R. Part 703 and requested department arbitration de novo under § 61-4-520. The record and result are attached as Exhibit D.

22. If Defendant had no certified manufacturer procedure and Plaintiff elected the department forum, Plaintiff initiated state arbitration under §§ 61-4-515 and 61-4-517 on [DATE]. The arbitrator's decision and performance record are attached as Exhibit D. [DELETE IF NOT USED.]

23. All prerequisites applicable to Plaintiff's selected route have been satisfied.

6. STATUTORY REMEDY AND LOSS

24. After a reasonable number of attempts, Defendant was unable during the warranty period to conform the Vehicle to an applicable express warranty by repairing or correcting the substantially impairing defect or condition. MCA § 61-4-503(1).

25. Section 61-4-503(1) required Defendant to replace the Vehicle with a new motor vehicle of the same model and style and equal value or, if that replacement was impossible because of lack of availability, with a vehicle of comparable market value.

26. As an alternative to replacement, Defendant could accept return and refund the full purchase price, plus reasonable collateral charges and incidental damages, less the reasonable allowance for use. MCA § 61-4-503(2).

27. Defendant has provided neither the required replacement nor its elected refund alternative.

28. If Defendant elects refund, the calculation is:

29. The reasonable-use allowance is the total contract price multiplied by miles traveled before Defendant's acceptance of the return, divided by 100,000, and is limited to use attributable to consumers before the first written notice and later periods when the Vehicle was not out of service because of nonconformity. MCA § 61-4-501(6).

30. Any refund must be allocated between Plaintiff and any lienholder in proportion to their interests. A lien payoff is an allocation of the refund, not an additional recovery. MCA § 61-4-503(2).

31. Because of Defendant's conduct, Plaintiff suffered the following ascertainable loss of money or property: [LOSS, AMOUNT, AND CAUSATION DETAILS].

7. COUNT I — INDIVIDUAL MONTANA CONSUMER PROTECTION ACT CLAIM

32. Plaintiff incorporates paragraphs 1 through 31, with unused alternatives deleted.

33. A violation of any provision of MCA Title 61, chapter 4, part 5 is an unfair or deceptive trade practice. MCA § 61-4-533.

34. Unfair or deceptive acts or practices in trade or commerce are unlawful under MCA § 30-14-103.

35. Defendant violated MCA §§ [IDENTIFY EACH PROVISION AND SUPPORTING FACTS], including by failing to provide the remedy required by § 61-4-503 after the applicable notice, repair, and dispute-procedure requirements were satisfied.

36. Plaintiff is a consumer who suffered ascertainable loss of money or property as a result of Defendant's unlawful practice and brings this individual, nonclass action under MCA § 30-14-133(1).

37. This action was commenced within the two-year period incorporated by §§ 30-14-133(1) and 27-2-211. The accrual and filing facts are [DETAILS].

38. Plaintiff seeks the greater of ascertainable loss or $500, any equitable relief necessary or proper to enforce the statutory remedy, and—if actual damages do not exceed $100,000—a discretionary award up to three times the ascertainable loss. Plaintiff does not request punitive damages. MCA § 30-14-133(1).

39. Plaintiff also requests a discretionary award of reasonable attorney fees if Plaintiff prevails, subject to the $250 hourly limit and the bar on fees when a consumer recovers at least $100,000 in actual damages. Plaintiff acknowledges that § 30-14-133(3) permits an award to either prevailing party.

8. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Declaring that Defendant committed the pleaded violations of MCA Title 61, chapter 4, part 5 and an unlawful unfair or deceptive practice;
2. Ordering equitable relief necessary or proper to provide the replacement required by § 61-4-503(1), unless Defendant elects the refund alternative in § 61-4-503(2);
3. If Defendant elects refund, ordering payment of the full purchase price, collateral charges, and incidental damages, less the correctly calculated use allowance, allocated in proportion to Plaintiff's and any lienholder's interests;
4. Awarding the greater of Plaintiff's ascertainable loss or $500 under § 30-14-133(1);
5. If eligible and warranted, awarding up to three times the ascertainable loss under § 30-14-133(1);
6. Awarding reasonable attorney fees to the extent authorized by § 30-14-133(3), allowable costs, and allowable interest; and
7. Granting any further nonpunitive relief authorized by the pleaded statutes and proved at trial.

9. JURY DEMAND

Plaintiff demands a jury trial on all issues so triable. Confirm jury availability for each requested legal and equitable remedy before filing.

10. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], Montana Bar No. [NUMBER]
[FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Plaintiff

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase or lease, title, registration, original-delivery, total-contract-price, and lien documents
• ☐ Exhibit B — Applicable express warranties and required written-notice disclosure
• ☐ Exhibit C — Written nonconformity notice, delivery proof, and opportunity-to-cure records
• ☐ Exhibit D — Manufacturer-procedure certification and record or department-arbitration record, as applicable
• ☐ Exhibit E — Complete repair orders and business-day calculation
• ☐ Exhibit F — Evidence of continuing nonconformity and impairment of use and market value or safety
• ☐ Exhibit G — Purchase price, governmental charges, incidental damages, mileage, use, and refund calculation
• ☐ Exhibit H — Evidence of ascertainable loss and causation

12. SOURCES AND REFERENCES

• Montana Legislature — MCA § 61-4-501
• Montana Legislature — MCA § 61-4-502
• Montana Legislature — MCA § 61-4-503
• Montana Legislature — MCA § 61-4-504
• Montana Legislature — MCA §§ 61-4-505 through 61-4-507
• Montana Legislature — MCA §§ 61-4-511, 61-4-515, 61-4-517 through 61-4-520
• Montana Legislature — MCA §§ 61-4-531 and 61-4-533
• Montana Legislature — MCA § 30-2-715
• Montana Legislature — MCA §§ 30-14-103 and 30-14-133
• Montana Legislature — MCA § 27-2-211