Montana Code Annotated

Mont. Code Ann. § 30-14-102 (2026)

Definitions

✓ current as of May 2026

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TITLE 30. TRADE AND COMMERCE

CHAPTER 14. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION

Part 1. Consumer Protection Act

Definitions

30-14-102. Definitions. As used in this part, the following definitions apply:

(1) "Consumer" means a person who purchases or leases goods, services, real property, or information primarily for personal, family, or household purposes.

(2) "Department" means the department of justice created in 2-15-2001.

(3) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording.

(4) "Examination" of documentary material includes the inspection, study, or copying of documentary material and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy of documentary material.

(5) (a) "Gift certificate" means a record, including a gift card or stored value card, that is provided for paid consideration and that indicates a promise by the issuer or seller of the record that goods or services will be provided to the possessor of the record for the value that is shown on the record or contained within the record by means of a microprocessor chip, magnetic stripe, bar code, or other electronic information storage device. The consideration provided for the gift certificate must be made in advance. The value of the gift certificate is reduced by the amount spent with each use. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate. The value represented by the gift certificate belongs to the possessor, to the extent provided by law, and not to the issuer or seller.

(b) The term does not include:

(i) prepaid telecommunications and technology cards, including but not limited to prepaid telephone calling cards, prepaid technical support cards, and prepaid internet disks that have been distributed to or purchased by a consumer;

(ii) a coupon provided to a consumer pursuant to any award, loyalty, or promotion program without any money or consideration being given in exchange for the card;

(iii) a gift certificate usable with multiple sellers of goods or services; or

(iv) any method of payment relating to electronic devices or other technology-based devices for service of beer and wine under 16-3-311.

(6) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.

(7) "Possessor" means a natural person who has physical control over a gift certificate or travel credit.

(8) (a) "Trade" and "commerce" mean the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value, wherever located, and includes any trade or commerce directly or indirectly affecting the people of this state.

(b) The terms include direct patient care agreements established pursuant to 50-4-107.

(9) "Travel credit" means a form of credit issued by an airline that can be used to purchase future flights or other services offered by an airline.

History: En. Sec. 1, Ch. 275, L. 1973; R.C.M. 1947, 85-401; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 66, Ch. 483, L. 2001; amd. Sec. 1, Ch. 322, L. 2003; amd. Sec. 1, Ch. 280, L. 2005; amd. Sec. 2, Ch. 291, L. 2005; amd. Sec. 1, Ch. 331, L. 2007; amd. Sec. 5, Ch. 262, L. 2021; amd. Sec. 2, Ch. 231, L. 2025; amd. Sec. 8, Ch. 625, L. 2025.

Notes of Decisions

Cited in 16 cases (7 in the last 5 years), 1992–2025 · leading case: Baird v. Norwest Bank, 843 P.2d 327 (Mont. 1992).

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Baird v. Norwest Bank, 843 P.2d 327 (Mont. 1992). · cites it 47× “Section 30-14-102, MCA. The first question is whether or not the loaning of money, taking security therefor, and the collection of money, are transactions within the above definition of trade or commerce.”

Plath v. Schonrock, 2003 MT 21 (Mont. 2003). · cites it 6× “¶ 57 Section 30-14-102(6), MCA, specifically defines trade or commerce as "advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value, wherever…”

Brookins Ex Rel. Gotcher v. Mote, 2012 MT 283 (Mont. 2012). · cites it 5× “Section 30-14-102(8), MCA. ¶48 The first question presented is whether a claim under Montana’s CPA may be brought against a hospital, an issue of first impression in Montana.”

Kostelecky v. Peas in a Pod, 2022 MT 195 (Mont. 2022). · cites it 4× “Thus, a private MCPA claim for damages requires proof: (1) that the defendant “use[d] or employ[ed]” an “unfair or deceptive act[] or practice[] in the conduct of any trade or commerce”; (2) in regard to which the claimant was a “consumer” as defined by § 30-14-102(1), MCA; and…”

Hein v. Sott Homes, 2015 MT 196 (Mont. 2015). · cites it 3× “The Act defines “trade” and “commerce” as “the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any *92 other article, commodity, or thing of value, wherever located.”

In Re Dynamic Random Access Memory (DRAM) Antitrust Litig., 516 F. Supp. 2d 1072 (N.D. Cal. 2007). “” See Mont.Code Ann. § 30-14-102(1). “Person” is in turn defined as “natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.”

In re Lidoderm Antitrust Litig., 103 F. Supp. 3d 1155 (N.D. Cal. 2015). “” Mont.Code Ann. § 30-14-102(1). The statute excludes persons who buy goods for resale.”

McCollough v. Johnson, Rodenberg & Lauinger, 610 F. Supp. 2d 1247 (D. Mont. 2009). · cites it 2× “” § 30-14-102(1). It defines “trade” and “commerce” as: the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value, wherever located, and includes…”

Harris Est. v. Reilly, 2025 MT 126 (Mont. 2025). · cites it 2× “¶16 A private CPA claim for damages requires proof of the following elements: (1) that the defendant “use[d] or employ[ed]” an “unfair or deceptive act[] or practice[] in the conduct of any trade or commerce”; (2) in regard to which the claimant was a “consumer” as defined by §…”

Hastie v. Alpine Orthopedics & Sports Med., 2015 MT 346 (Mont. 2015). · cites it 3× “The CPA defines *27 “trade” and “commerce” to mean “the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value, wherever located .”

J. Norris v. R. Olson, 2024 MT 123 (Mont. 2024). · cites it 2× “A&O asserts that causation of the claimed damages is also a necessary element to Norris’s MCPA claim.”

Hobbs v. Wells Fargo Bank, N.A. (D. Mont. 2024). · cites it 4× “” Mont. Code Ann. § 30-14-102 (1). It is undisputed that the Hobbses are consumers.”

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— Mont. Code Ann. § 30-14-102(1) — 8 cases

Kostelecky v. Peas in a Pod, 2022 MT 195 (Mont. 2022). “Thus, a private MCPA claim for damages requires proof: (1) that the defendant “use[d] or employ[ed]” an “unfair or deceptive act[] or practice[] in the conduct of any trade or commerce”; (2) in regard to which the claimant was a “consumer” as defined by § 30-14-102(1), MCA; and…”

In re Lidoderm Antitrust Litig., 103 F. Supp. 3d 1155 (N.D. Cal. 2015). “” Mont.Code Ann. § 30-14-102(1). The statute excludes persons who buy goods for resale.”

Harris Est. v. Reilly, 2025 MT 126 (Mont. 2025). “¶16 A private CPA claim for damages requires proof of the following elements: (1) that the defendant “use[d] or employ[ed]” an “unfair or deceptive act[] or practice[] in the conduct of any trade or commerce”; (2) in regard to which the claimant was a “consumer” as defined by §…”

McCollough v. Johnson, Rodenberg & Lauinger, 610 F. Supp. 2d 1247 (D. Mont. 2009). “” § 30-14-102(1). It defines “trade” and “commerce” as: the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value, wherever located, and includes…”

— Mont. Code Ann. § 30-14-102(6) — 3 cases

Baird v. Norwest Bank, 843 P.2d 327 (Mont. 1992). “Section 30-14-102, MCA. The first question is whether or not the loaning of money, taking security therefor, and the collection of money, are transactions within the above definition of trade or commerce.”

Plath v. Schonrock, 2003 MT 21 (Mont. 2003). “¶ 57 Section 30-14-102(6), MCA, specifically defines trade or commerce as "advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value, wherever…”

J. Norris v. R. Olson, 2024 MT 123 (Mont. 2024). “A&O asserts that causation of the claimed damages is also a necessary element to Norris’s MCPA claim.”

— Mont. Code Ann. § 30-14-102(8) — 4 cases

Brookins Ex Rel. Gotcher v. Mote, 2012 MT 283 (Mont. 2012). “Section 30-14-102(8), MCA. ¶48 The first question presented is whether a claim under Montana’s CPA may be brought against a hospital, an issue of first impression in Montana.”

Hein v. Sott Homes, 2015 MT 196 (Mont. 2015). “The Act defines “trade” and “commerce” as “the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any *92 other article, commodity, or thing of value, wherever located.”

Hastie v. Alpine Orthopedics & Sports Med., 2015 MT 346 (Mont. 2015). “The CPA defines *27 “trade” and “commerce” to mean “the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value, wherever located .”

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