Mont. Code Ann. » TITLE 30. TRADE AND COMMERCE · CHAPTER 14. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION · Part 1. Consumer Protection Act
Montana Code Annotated

Mont. Code Ann. § 30-14-133 (2026)

Damages -- Limitation On Residential Construction Disputes -- Notice To Public Agencies -- Attorney Fees -- Prior Judgment As Evidence

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 14
  4. Part 1
  5. 30-14-133 Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence

TITLE 30. TRADE AND COMMERCE

CHAPTER 14. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION

Part 1. Consumer Protection Act

Damages -- Limitation On Residential Construction Disputes -- Notice To Public Agencies -- Attorney Fees -- Prior Judgment As Evidence

30-14-133. Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence. (1) (a) Except as provided in subsection (1)(b), a consumer who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act, or practice declared unlawful by 30-14-103 may bring an individual action but not a class action under the rules of civil procedure in the district court of the county in which the seller, lessor, or service provider resides or has its principal place of business or is doing business to recover money damages in the amount of any ascertainable loss of money or property or $500, whichever is greater. An individual claim may be brought in justice's court. A consumer may bring an individual action under this section within the timeframe described in 27-2-211. The court may not award punitive damages but may, in its discretion, award up to three times the money damages in the amount of any ascertainable loss of money or property sustained, if actual damages do not exceed $100,000, and may provide any other equitable relief that it considers necessary or proper.

(b) A consumer may not bring or maintain an action under this section if the consumer is bringing an action subject to 70-19-427 or 70-19-428 against a construction professional.

(2) Upon commencement of any action brought under subsection (1), the clerk of court shall mail a copy of the complaint or initial pleading to the department and the appropriate county attorney and, upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree to the department and the appropriate county attorney.

(3) In any action brought under this section, the court may award the prevailing party reasonable attorney fees incurred in prosecuting or defending the action, except that attorney fees may not be awarded if the consumer recovers actual damages of $100,000 or more. Attorney fees are limited to no more than $250 an hour. A person who brings an action on the person's own behalf without an attorney may receive attorney fees at the judge's discretion.

(4) Any permanent injunction, judgment, or order of the court made under 30-14-111 is prima facie evidence in an action brought under this section that the respondent used or employed a method, act, or practice declared unlawful by 30-14-103.

History: En. Sec. 8, Ch. 275, L. 1973; amd. Sec. 9, Ch. 265, L. 1977; R.C.M. 1947, 85-408; amd. Sec. 5, Ch. 322, L. 2003; amd. Sec. 1, Ch. 46, L. 2021; amd. Sec. 1, Ch. 521, L. 2021; amd. Sec. 3, Ch. 199, L. 2025.

Notes of Decisions
Cited in 57 cases (7 in the last 5 years), 1980–2025 · leading case: Plath v. Schonrock, 2003 MT 21 (Mont. 2003).
Sort: Relevance Newest Treatment
Plath v. Schonrock, 2003 MT 21 (Mont. 2003). · cites it 38× “2d 1368, 1371-72 , wherein this Court held that Montana's Consumer Protection Act does not require a party first prove malice, oppression or fraud to become eligible for an award of treble damages under § 30-14-133, MCA. ¶ 15 Schonrock responds that the Montana Supreme Court has…”
Baird v. Norwest Bank, 843 P.2d 327 (Mont. 1992). · cites it 68× “Our statute does not in anyway define or limit the words "any services" as used in § 30-14-102(6), MCA, supra, or as used in § 30-14-133, MCA, which establishes the cause of action asserted here.”
Jacobson v. Bayview Loan Servicing, LLC, 2016 MT 101 (Mont. 2016). · cites it 32× “” Morrow, ¶ 67 (citing § 30-14-133, MCA). ¶47 Bayview disputes the District Court’s determination that Bayview violated the Montana Consumer Protection Act.”
Vader v. Fleetwood Enter., Inc., 2009 MT 6 (Mont. 2009). · cites it 29× “Although § 30-14-133, MCA, of the CPA does allow the District Court to treble damages, Fleetwood maintains that under Plath the increase of damages is not intended to punish but instead to be “compensatory and remedial” rather than punitive.”
Britton v. Farmers Ins. Grp., 721 P.2d 303 (Mont. 1986). · cites it 24× “Britton cross-appeals from a judgment of the District Court denying him attorney's fees and costs under section 30-14-133, MCA. It is well to have a backdrop of applicable law before we view the facts in this case.”
Kostelecky v. Peas in a Pod, 2022 MT 195 (Mont. 2022). · cites it 14× “26 As referenced in § 30-14-133(1), MCA, “ascertainable loss” includes 26 An unfair act or practice “is one which offends established public policy and which is either immoral, unethical, oppressive, unscrupulous or substantially injurious to customers.”
Tripp v. Jeld-Wen, Inc., 2005 MT 121 (Mont. 2005). · cites it 18× “Section 30-14-133(1), MCA. Therefore, we conclude that an award of attorney fees under the MCPA should be made under the same standard as that of the MHRA.”
Morrow v. Bank of Am., N.A., 2014 MT 117 (Mont. 2014). · cites it 12× “¶68 The Morrows claim Bank of America instructed them to default on a loan and make partial payments on that loan, while keeping them in a servicing status that required them to make full payments on that loan. The Morrows claim they were not accurately informed of their…”
Heggem Ex Rel. Heggem v. Capitol Indem. Corp., 2007 MT 74 (Mont. 2007). · cites it 6× “” Yet, on appeal, they “ask this Court for a determination that the Capitol policies at issue afford coverage for the Heggems’ claims in the amount of $1,200,000.00, as a matter of law.” 2 The Heggems also asserted in their Second Amended Complaint that “[t]he totality of the…”
Osterman v. Sears, Roebuck & Co., 2003 MT 327 (Mont. 2003). · cites it 6× “2d 1018, 1029 , this Court upheld, without analysis, the district court’s determination that the unit owners’ claim for unfair trade practices under § 30-14-133, MCA, was time barred by the statute of limitations set forth at § 27-2-211, MCA.”
Kopischke v. First Cont'l Corp., 610 P.2d 668 (Mont. 1980). · cites it 6× “" Section 30-14-133, MCA, provides in part: "(1) Any person who purchases or leases goods or services primarily for personal, family, or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by…”
Anderson v. Recontrust Co., 2017 MT 313 (Mont. 2017). · cites it 3× “” Section 30-14-133(1), MCA. As previously noted regarding the causation of harm and detrimental reliance elements of Andersons’ other claims, the amended complaint was devoid of any factual assertion that, but for their reliance on Bank of 15 America’s initial alleged…”
Show all 57 citing cases →
Mont. Code Ann. § 30-14-133(1): 25 cases
Plath v. Schonrock, 2003 MT 21 (Mont. 2003). “2d 1368, 1371-72 , wherein this Court held that Montana's Consumer Protection Act does not require a party first prove malice, oppression or fraud to become eligible for an award of treble damages under § 30-14-133, MCA. ¶ 15 Schonrock responds that the Montana Supreme Court has…”
Jacobson v. Bayview Loan Servicing, LLC, 2016 MT 101 (Mont. 2016). “” Morrow, ¶ 67 (citing § 30-14-133, MCA). ¶47 Bayview disputes the District Court’s determination that Bayview violated the Montana Consumer Protection Act.”
Vader v. Fleetwood Enter., Inc., 2009 MT 6 (Mont. 2009). “Although § 30-14-133, MCA, of the CPA does allow the District Court to treble damages, Fleetwood maintains that under Plath the increase of damages is not intended to punish but instead to be “compensatory and remedial” rather than punitive.”
Heggem Ex Rel. Heggem v. Capitol Indem. Corp., 2007 MT 74 (Mont. 2007). “” Yet, on appeal, they “ask this Court for a determination that the Capitol policies at issue afford coverage for the Heggems’ claims in the amount of $1,200,000.00, as a matter of law.” 2 The Heggems also asserted in their Second Amended Complaint that “[t]he totality of the…”
Kostelecky v. Peas in a Pod, 2022 MT 195 (Mont. 2022). “26 As referenced in § 30-14-133(1), MCA, “ascertainable loss” includes 26 An unfair act or practice “is one which offends established public policy and which is either immoral, unethical, oppressive, unscrupulous or substantially injurious to customers.”
Mont. Code Ann. § 30-14-133(1)(a): 3 cases
Kostelecky v. Peas in a Pod, 2022 MT 195 (Mont. 2022). “26 As referenced in § 30-14-133(1), MCA, “ascertainable loss” includes 26 An unfair act or practice “is one which offends established public policy and which is either immoral, unethical, oppressive, unscrupulous or substantially injurious to customers.”
Aiking-Taylor v. Serang, 2021 MT 118N (Mont. 2021).
J. Norris v. R. Olson, 2024 MT 123 (Mont. 2024).
Mont. Code Ann. § 30-14-133(3): 16 cases
Plath v. Schonrock, 2003 MT 21 (Mont. 2003). “2d 1368, 1371-72 , wherein this Court held that Montana's Consumer Protection Act does not require a party first prove malice, oppression or fraud to become eligible for an award of treble damages under § 30-14-133, MCA. ¶ 15 Schonrock responds that the Montana Supreme Court has…”
Tripp v. Jeld-Wen, Inc., 2005 MT 121 (Mont. 2005). “Section 30-14-133(1), MCA. Therefore, we conclude that an award of attorney fees under the MCPA should be made under the same standard as that of the MHRA.”
Jacobson v. Bayview Loan Servicing, LLC, 2016 MT 101 (Mont. 2016). “” Morrow, ¶ 67 (citing § 30-14-133, MCA). ¶47 Bayview disputes the District Court’s determination that Bayview violated the Montana Consumer Protection Act.”
Kostelecky v. Peas in a Pod, 2022 MT 195 (Mont. 2022). “26 As referenced in § 30-14-133(1), MCA, “ascertainable loss” includes 26 An unfair act or practice “is one which offends established public policy and which is either immoral, unethical, oppressive, unscrupulous or substantially injurious to customers.”
Vader v. Fleetwood Enter., Inc., 2009 MT 6 (Mont. 2009). “Although § 30-14-133, MCA, of the CPA does allow the District Court to treble damages, Fleetwood maintains that under Plath the increase of damages is not intended to punish but instead to be “compensatory and remedial” rather than punitive.”
Mont. Code Ann. § 30-14-133(l): 1 case
In Re Dynamic Random Access Memory (DRAM) Antitrust Litig., 516 F. Supp. 2d 1072 (N.D. Cal. 2007).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.