Lemon Law Demand Letter — Montana

MONTANA "LEMON AID" LAW DEMAND LETTER

Statutory Notice Pursuant to MCA §§ 61-4-501 through 61-4-533

NOTE: Montana's consumer vehicle warranty statute is officially known as the "Lemon Aid" Law — a deliberate branding choice by the Montana Legislature. The statute is codified at MCA §§ 61-4-501 through 61-4-533 and is administered in conjunction with the Montana Department of Justice, Office of Consumer Protection in Helena.

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY (SIGNATURE REQUIRED)
AND FIRST-CLASS U.S. MAIL

Date: [__/__/____]

TO MANUFACTURER:

[________________________________] (Manufacturer Legal Name)
ATTN: Customer Relations / Legal Department / Lemon Law Claims
[________________________________] (Corporate Address)
[________________________________] (City, State ZIP)

TO SELLING/SERVICING DEALER:

[________________________________] (Dealer Name)
ATTN: General Manager / Service Director
[________________________________] (Dealer Address)
[________________________________] (City, Montana ZIP)

RE: MONTANA "LEMON AID" LAW DEMAND — MCA § 61-4-501 et seq.
STATUTORY WRITTEN NOTICE UNDER MCA § 61-4-511

Consumer: [________________________________]
Vehicle: [____] (Year) [________________________________] (Make) [________________________________] (Model) [________________________________] (Trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________] miles
Delivering Dealer: [________________________________]

Dear Sir or Madam:

This letter is sent on behalf of [________________________________] ("Consumer") and constitutes the written notification required by MCA § 61-4-511 under Montana's "Lemon Aid" Law, MCA §§ 61-4-501 through 61-4-533. The Consumer's vehicle meets the statutory criteria for a presumptive lemon, and the Consumer demands a refund or replacement as provided by MCA § 61-4-503.

This letter triggers the manufacturer's final 14-day repair opportunity under MCA § 61-4-511. If the nonconformity is not cured within that period, the Consumer will pursue all available remedies, including arbitration (if applicable) and civil litigation.

I. MONTANA "LEMON AID" LAW — KEY STATUTORY FRAMEWORK

A. Coverage — What Vehicles Qualify

Under MCA § 61-4-501(4), the Lemon Aid Law covers a "motor vehicle" defined as a self-propelled vehicle purchased or leased new in Montana and used primarily for personal, family, or household purposes. The statute excludes:

• Motor homes (the living-quarters portion)
• Vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds
• Certain commercial-use vehicles

B. Coverage Period — 2 Years or 18,000 Miles

MCA § 61-4-503 provides that the Lemon Aid Law applies during the term of the manufacturer's express warranty or within two (2) years or 18,000 miles following original delivery to the consumer, whichever comes first. This is more generous than many states that use only the warranty period.

C. Rebuttable Presumption of Nonconformity — MCA § 61-4-513

Montana law creates a rebuttable presumption that a reasonable number of repair attempts have been undertaken if any one of the following thresholds is met:

D. Mandatory Written Notice — MCA § 61-4-511

Before the presumption of nonconformity may be invoked, the consumer must send written notification to the manufacturer (sent to its address or its agent for service) of the need for repair. Upon receipt, the manufacturer has one additional opportunity to cure — not to exceed 14 days — before liability attaches.

THIS LETTER CONSTITUTES THAT MANDATORY WRITTEN NOTICE.

E. Informal Dispute Resolution — MCA § 61-4-517

If the manufacturer maintains an informal dispute settlement procedure that complies with the Federal Trade Commission regulations at 16 C.F.R. Part 703, the consumer must first submit the claim to that procedure before filing a civil action. Montana consumers frequently use BBB Auto Line where available. If the manufacturer does not offer a qualifying program, or if the program fails to comply with 16 C.F.R. Part 703, the consumer may proceed directly to court.

II. VEHICLE AND PURCHASE INFORMATION

III. WARRANTY STATUS

All nonconformities at issue arose during the applicable warranty period and within the Lemon Aid coverage window (2 years / 18,000 miles from original delivery).

IV. DESCRIPTION OF NONCONFORMITY

Primary Nonconformity

• Nature of Defect: [________________________________]
• First Reported: [__/__/____] at [________________________________] miles
• Symptoms: [________________________________]

• Substantially Impairs:
  ☐ Use of the vehicle: [________________________________]
  ☐ Market value of the vehicle: [________________________________]
  ☐ Safety of the vehicle: [________________________________]

• Safety Risk: ☐ Yes — likely to cause death or serious bodily injury ☐ No

Additional Nonconformity (if applicable)

• Nature of Defect: [________________________________]
• First Reported: [__/__/____] at [________________________________] miles
• Symptoms: [________________________________]
• Substantially Impairs: ☐ Use ☐ Value ☐ Safety

V. REPAIR HISTORY

Attempt 1

Attempt 2

Attempt 3

Attempt 4

(Attach additional repair attempts on a separate sheet if needed.)

Cumulative Summary

VI. STATUTORY QUALIFICATION — LEMON AID PRESUMPTION

The Consumer's vehicle qualifies under the following Lemon Aid presumption(s):

☐ Four-Repair Threshold (MCA § 61-4-513(1)(a)): The same nonconformity has been presented for repair [____] times (≥ 4) and the defect continues to exist.

☐ Serious Safety Defect (MCA § 61-4-513(1)(b)): A nonconformity likely to cause death or serious bodily injury has been presented for repair [____] time(s) (≥ 1) and continues to exist.

☐ Thirty-Day Threshold (MCA § 61-4-513(1)(c)): The vehicle has been out of service for repair for [____] cumulative business days (≥ 30).

VII. DEMAND FOR RELIEF — MCA § 61-4-503

Pursuant to MCA § 61-4-503, the Consumer demands the following:

Option A: Refund / Repurchase (MCA § 61-4-503(1)(a))

☐ Selected. The manufacturer must refund to the Consumer:

Montana Use-Offset Calculation (MCA § 61-4-503(1)(a)):

Use Allowance = Purchase Price × (Miles at First Report of Nonconformity ÷ 100,000)

Option B: Replacement (MCA § 61-4-503(1)(b))

☐ Selected. The manufacturer must provide a comparable new motor vehicle acceptable to the Consumer. The manufacturer must also pay all collateral charges, registration, and titling costs for the replacement vehicle.

Additional Relief

• Loan / Lease Payoff: The manufacturer must satisfy any outstanding balance owed to the lienholder or lessor.
• Attorney's Fees: MCA § 61-4-519 provides that a prevailing consumer may recover reasonable attorney's fees and costs.
• Magnuson-Moss Claims: The Consumer also has claims under the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)), which provides an independent basis for attorney's fees.

VIII. INFORMAL DISPUTE RESOLUTION — MCA § 61-4-517

☐ Manufacturer maintains a certified dispute resolution program. The Consumer acknowledges the obligation under MCA § 61-4-517 to submit this claim to the manufacturer's informal dispute settlement procedure (e.g., BBB Auto Line, manufacturer-operated arbitration board) prior to filing suit, provided the program complies with 16 C.F.R. Part 703. The Consumer will comply with this requirement but reserves all rights if arbitration does not yield an acceptable resolution.

☐ Manufacturer does NOT maintain a certified program in Montana. The arbitration prerequisite does not apply, and the Consumer may proceed directly to litigation.

☐ Manufacturer's program does not comply with 16 C.F.R. Part 703. The Consumer is not required to use a non-compliant program and may proceed directly to court.

IX. FINAL REPAIR OPPORTUNITY — 14 DAYS

This letter constitutes the written notification required by MCA § 61-4-511. Upon receipt, the manufacturer has fourteen (14) calendar days to cure the nonconformity. To schedule a final repair attempt, contact the undersigned within seven (7) business days of receipt.

If the nonconformity is not cured within the 14-day window, the Consumer will:

1. Submit the claim to the manufacturer's informal dispute resolution process, if applicable and compliant
2. File a civil action in the appropriate Montana court (District Court or Justice Court)
3. File a complaint with the Montana Department of Justice, Office of Consumer Protection (Helena, MT)

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to immediately preserve all documents, electronically stored information, and physical evidence relating to this vehicle and this claim, including:

☐ All warranty claim and repair order records for this VIN
☐ All Technical Service Bulletins (TSBs) and recall notices related to this defect
☐ All customer complaints in your records regarding similar defects in the same make/model/year
☐ All communications between the dealer and manufacturer regarding this vehicle
☐ All engineering, design, and quality control documents related to the defective component
☐ Dealer warranty audit records for the selling/servicing dealership
☐ The vehicle itself — do not destroy, sell, auction, or alter

Spoliation of evidence will result in requests for adverse inference instructions and separate sanctions.

XI. RESPONSE DEADLINE

Please provide a written response to this demand within fourteen (14) calendar days of receipt, including:

1. Your position on whether this vehicle qualifies under the Lemon Aid Law
2. Your offer for repurchase or replacement
3. If you wish to exercise the final repair opportunity, proposed scheduling
4. Information about your informal dispute settlement procedure, if applicable

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Montana State Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, Montana ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Counsel for [________________________________]

ENCLOSURES:

☐ Copies of all repair orders and warranty claims
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration
☐ Photographs or video of defect manifestation
☐ Rental car receipts and towing invoices
☐ Prior correspondence with manufacturer and dealer
☐ BBB Auto Line or arbitration records (if any)

cc:
[________________________________] (Consumer)
[________________________________] (Lienholder / Lessor)
Montana Department of Justice, Office of Consumer Protection
111 N. Last Chance Gulch, Helena, MT 59601

MONTANA-SPECIFIC NOTES

"Lemon Aid" — Not "Lemon Law"

Montana's statute is officially branded the "Lemon Aid" Law — a distinct name that practitioners should use in all filings, correspondence, and demand letters. This is not merely a colloquial name; the Legislature deliberately chose this title. Using the correct name signals familiarity with Montana's specific statutory scheme.

Business Days for Out-of-Service Calculation

Montana counts business days (not calendar days) for the 30-day out-of-service threshold under MCA § 61-4-513(1)(c). This is a critical distinction. Weekends and state holidays do not count. Practitioners should maintain a precise business-day calendar when tracking days out of service.

100,000-Mile Denominator for Use Offset

Montana's use-allowance formula uses 100,000 miles as the denominator — not the vehicle's expected useful life or some other figure. This statutory formula (Purchase Price × Miles at First Defect Report ÷ 100,000) is more favorable to consumers who report defects early. If the first report of nonconformity occurs at 5,000 miles on a $40,000 vehicle, the use offset is only $2,000.

Montana Department of Justice — Office of Consumer Protection

The primary regulatory body overseeing Lemon Aid claims in Montana is the Office of Consumer Protection within the Montana Department of Justice in Helena:

• Phone: (406) 444-4500
• Toll-free: (800) 481-6896
• Address: 111 N. Last Chance Gulch, Helena, MT 59601

Filing a complaint with this office is advisable even when pursuing private remedies, as it creates an administrative record and may prompt manufacturer cooperation.

Rural Distance Challenges

Montana is the 4th largest state by area. Consumers in rural areas (eastern Montana, Hi-Line communities, etc.) may face significant travel distances to reach an authorized dealer for warranty repairs. Time spent traveling to and from remote dealerships, while not counted as "days out of service," is relevant context for incidental damage claims and for demonstrating the burden imposed by repeated unsuccessful repairs.

Magnuson-Moss Overlay

Federal Magnuson-Moss Warranty Act claims (15 U.S.C. §§ 2301-2312) may be brought alongside Montana Lemon Aid claims. Magnuson-Moss provides an independent basis for attorney's fees and may be filed in Montana District Court or the U.S. District Court for the District of Montana (sitting in Billings, Great Falls, Helena, Butte, or Missoula). The $50,000 amount-in-controversy requirement for federal Magnuson-Moss claims (15 U.S.C. § 2310(d)(3)) may be met by aggregating class-wide claims.

SOURCES AND REFERENCES

1. Montana Code Annotated §§ 61-4-501 through 61-4-533 — Montana "Lemon Aid" Law
2. Montana Code Annotated § 61-4-503 — Refund or Replacement Remedies
3. Montana Code Annotated § 61-4-511 — Written Notice to Manufacturer
4. Montana Code Annotated § 61-4-513 — Presumption of Nonconformity
5. Montana Code Annotated § 61-4-517 — Informal Dispute Settlement Procedures
6. Montana Code Annotated § 61-4-519 — Attorney's Fees for Prevailing Consumers
7. 15 U.S.C. §§ 2301-2312 — Magnuson-Moss Warranty Act
8. 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures
9. Montana Department of Justice, Office of Consumer Protection: https://dojmt.gov/consumer/
10. BBB Auto Line (National): https://bbbprograms.org/programs/all-programs/bbb-autoline

This template is for informational purposes only and does not constitute legal advice. Montana's Lemon Aid Law may be amended by the Legislature; verify current statutes before relying on this document. Consult a licensed Montana attorney for advice specific to your situation.