23.19.505    CIVIL ACTION ENFORCEMENT PROCEDURE

(1) Enforcement options available to the department are set forth in 30-14-1407 , 30-14-1410 , 30-14-1411 , 30-14-1413 and 30-14-1414 , MCA.

(2) Consumer complaint forms may be obtained from the department. The department will provide these forms to consumers who have suffered a loss due to the alleged violation of the Act by any seller or telemarketer through unfair or deceptive conduct, prohibited acts or practices or abusive act or practices. The complaint form may be obtained from the Consumer Protection Office, Department of Justice, Telemarketing Section, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151. The department is unable to proceed with a consumer complaint unless the complaint form is completed and signed by the consumer or the consumer's representative with the full knowledge and consent of the consumer.

(3) Upon receipt of the completed and signed complaint, the department will request the seller or telemarketer to provide a written response to the allegations set forth by the consumer within 20 days. The response must be submitted to the department.

(4) The department may proceed with alternative dispute resolution procedures, contested case proceedings under the Montana Administrative Procedure Act, set forth under 2-4-601 , MCA or an action in district court to enjoin prohibited acts and seek remedy on behalf of state residents who have suffered a loss as a result of violation of the Act.

History: 30-14-1402, MCA; IMP, 30-14-1407, 30-14-1410, 30-14-1411, 30-14-1412, 30-14-1413, MCA; NEW, 2000 MAR p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.