Free Consultations Available

Free Consultations Available

Montana Governor Blocks Bill to Limit Fraud Victim Damages

Montana Governor Blocks Bill to Limit Fraud Victim Damages

Governor Steve Bullock took a stand in favor of consumers when he vetoed a bill that would have weakened protections for victims of fraudulent practices by businesses. A recent lawsuit that went all the way to the Supreme Court by a White Sulphur Springs couple appears to have prompted the introduction and passage of the legislation. In that case, the couple had been orally advised over the phone on numerous occasions by their bank regarding how to handle the restructuring of their home loan. While providing the oral advice, the bank was sending contradictory information through the mail. The bank representatives speaking with the couple advised them to ignore the mailings.

If it had been law at the time, the proposed bill would have prevented the couple from recovering damages that could not be substantiated as an actual loss of money or property. Language in the bill sought to remove a general reference to damages and replace it with language limiting damages to $500 or the amount of any ascertainable loss of money, whichever was greater. In the White Sulphur Springs case, the bill would have allowed only five hundred dollars for the severe emotional aggravation they endured as a result of the bank’s fraudulent actions.

The bill also would have removed the possibility of punitive damages in cases of fraudulent practices. Instead, it would have allowed courts to award three times the amount of the ascertainable money loss. This provision would have removed a key incentive for banks and other businesses to deal fairly with their patrons. Without a strong incentive to do the right thing for consumers, big businesses may be tempted to follow harmful practices if they would stand to make money even after having to pay whatever damages they may cause to a customer.

If you have suffered from the fraudulent practices of a bank, mortgage company, or other business, you may be entitled to compensation for damages, even if you cannot show a specific monetary loss. At Tipp & Buley we believe in strong consumer protection laws and stand ready to make sure you are treated fairly by the businesses to whom you give your business. We have extensive experience in consumer fraud cases and will put our expertise to work for you. To schedule a confidential consultation with one of our experienced attorneys, contact our firm online or call 406-812-7634.

Contact Us

Get a Free Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
How Would You Like To Be Contacted?

Practice Areas

More Posts

rear undercarriage of parked semi-truck trailer with dual tires and wheel chocks

What Is a Semi-Truck Underride Guard Defect Under Missoula Injury Law?

When a Truck’s Rear Guard Fails: Understanding Underride Crashes in Missoula Key Takeaways: A semi-truck underride guard defect occurs when the rear impact guard beneath a trailer fails to stop a passenger vehicle from sliding underneath during a collision, turning a survivable crash into a catastrophic one. Failures can stem

Read More »
ankle monitor and Court-based Program Enrollment document on wooden table

Who Qualifies for 24/7 Sobriety Monitoring After a Missoula DUI Arrest?

Understanding Court-Ordered Alcohol Testing After a Montana DUI Key Takeaways: Whether you face 24/7 sobriety monitoring after a Missoula DUI arrest depends on your offense history and the judge’s order. Under Mont. Code Ann. §§ 44-4-1201 through 44-4-1205 and Mont. Admin. R. 23.18.302, courts may impose monitoring at bond, sentencing,

Read More »
two workers walking near parked semi-truck trailer at rural gravel lot

What Is the MCS-90 Endorsement and How Does It Help Missoula Truck Victims?

Federal Insurance Protection Behind Big Rigs on Montana Highways Key Takeaways: The MCS-90 endorsement is a federally mandated attachment to interstate motor carrier liability policies that requires insurers to pay judgments to injured parties, even when policy exclusions might bar coverage. It functions like a suretyship, the insurer pays first,

Read More »