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Montana Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Independently fact-checkedBy Recording Law Editorial Team21 min read

Independently fact-checked against primary sources (last audited October 3, 2026). · 32 primary sources cited on this page. How we verify our legal content

Montana Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Montana's consumer protection law lets a "consumer" (someone who buys or leases goods, services, property or information mainly for personal, family or household use) sue over a deceptive practice that cost them money or property. The court awards the actual loss or $500, whichever is greater, and may award up to three times the loss when actual damages are $100,000 or less. Two features matter: attorney's fees can go to whichever side wins, so a losing consumer can face the business's fees, and the deadline to sue is two years.

Whether a person who simply sent money to an impostor counts as a "consumer" who purchased something is not settled by the statute's words, and we did not find a court decision answering it. Montana also rewrote its elder-exploitation crime in 2025, and the new offense reaches people in a position of trust or a business relationship, not strangers. Complaints go to the Attorney General's Office of Consumer Protection, which forwards them to the business; it does not promise to recover your money.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers Montana state law: the Montana Consumer Protection Act (Montana Code Annotated Title 30, chapter 14, part 1), Montana complaint offices, protections for older and vulnerable adults, Montana's phishing, telemarketing, door-to-door and notary rules, and Montana court deadlines for suing. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in Montana

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away. That company is usually the only one that can stop or reverse a payment, and your federal rights depend on how you paid. Our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers.

Then report it. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The Montana offices below are in addition to those, not instead of them.

Where to report a scam in Montana

What happenedMontana officeWhat it does with your report
A business misled you, sold you something deceptive, or you got a fake prize, lottery or sweepstakes noticeMontana Department of Justice, Office of Consumer Protection (online complaint, or toll free 800-481-6896)If it has authority, an investigator sends your complaint to the business so it can respond and resolve the problem if possible. Otherwise it refers the complaint to the agency best able to help.
An investment fraud, Ponzi scheme or pyramid schemeMontana Commissioner of Securities and Insurance (Office of the State Auditor)Its securities complaint page takes complaints and fraud reports through an online complaint form and describes investment theft, Ponzi schemes and pyramid schemes.
A problem with a Montana bank, credit union or other entity the state banking division regulatesDivision of Banking and Financial InstitutionsTakes complaints that an entity it regulates violated Montana law.
An older or vulnerable adult is being financially exploitedAdult Protective Services, Montana DPHHS, 1 (844) 277-9300 or onlineTakes reports online or by phone. Call 911 if harm is happening right now.

The Office of Consumer Protection asks you to contact the business first: "if you are not satisfied after contacting the business and are unable to resolve the issue, file a complaint." Besides the online form, it accepts a mail or fax complaint form, and its main line is 406-444-4500 (fax 406-444-5275; P.O. Box 200151, Helena, MT 59620-0151). Its listed topics include telemarketing and phone solicitation, door-to-door sales, the Do Not Call Registry, and "False or fake winning lottery/sweepstake notifications." For more on prize scams, see our sweepstakes and lottery scams guide.

Be realistic about what a complaint does. The office says it "will keep your complaint on file so that we can monitor illegal practices in the marketplace," and, in its answer about a company that has moved or gone out of business, after suggesting a credit card dispute, adds: "If that does not work and you are owed a large amount of money, consider contacting a private attorney." A complaint is a report and a chance at a voluntary fix, not a refund order. Your payment company and a lawsuit against a business you can identify are the routes that can produce money.

One limit matters for crypto and payment-app losses. The banking division's own page says: "The Montana Division of Banking and Financial Institutions (Division) does not regulate money transmitters." Report those losses through the federal routes and to the company itself.

Montana's consumer protection law: can you sue?

Sometimes. Section 30-14-103 declares "unfair or deceptive acts or practices in the conduct of any trade or commerce" unlawful, and section 30-14-133(1)(a) gives a private right to sue. The operative words:

"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."

Who counts as a consumer

The right belongs to a "consumer," and section 30-14-102(1) defines that narrowly: "a person who purchases or leases goods, services, real property, or information primarily for personal, family, or household purposes." Someone who bought a bogus product, paid a dishonest contractor or signed up for a deceptive service fits that wording more easily. A person who wired money to a fake government agent, a romance scammer or a crypto "investment" that never existed may not have purchased or leased anything.

Montana's statute does not answer that question, and we did not find a court decision that does. Treat it as open. A Montana lawyer can tell you whether your facts fit.

The act also has exclusions. Section 30-14-105 says the part does not apply to "actions or transactions permitted under laws administered by the Montana public service commission or the state auditor," or to a newspaper, broadcaster, advertising agency or retail merchant that ran a false advertisement without knowing it was false.

What you can recover

The court awards your ascertainable loss or $500, whichever is greater. The rest of section 30-14-133(1)(a) sets the limits:

"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."

So tripling is a ceiling the judge "may" use, and it is off the table once actual damages exceed $100,000. Punitive damages are not available under this section, and the action is individual only, not a class action.

Attorney's fees cut both ways

Section 30-14-133(3) says 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."

Read that carefully before suing. Fees are not automatic for a consumer who wins, and the "prevailing party" can be the business, which means a consumer who loses can be ordered to pay the other side's fees. The statute also says a person who sues without a lawyer "may receive attorney fees at the judge's discretion."

The deadline and notice

Section 30-14-133(1)(a) says a consumer may bring an individual action "within the timeframe described in 27-2-211." That section sets 2 years for an action on "a liability created by statute." Montana amended section 30-14-133 in 2025 (Senate Bill 488, Chapter 199, Laws of 2025), a law whose title describes it as clarifying what timeframe applies to an individual's action. We did not verify whether a discovery rule can delay the start of that two-year clock for a consumer protection claim, so count from the date of your loss and act early.

The text of section 30-14-133 contains no requirement to send a demand letter before suing. When a case is filed, the court clerk sends the complaint and any judgment to the state Department of Justice and the county attorney.

What the state can do

The state can also enforce the act. A willful violation can bring a civil fine of not more than $10,000 for each violation, and a "fraudulent course of conduct" is a crime punishable by a fine of not more than $5,000, up to one year in jail, or both (section 30-14-142). Those fines are paid to the state. They are not money a victim receives.

The honest limit

A consumer protection case needs a defendant you can identify, serve and collect from. That can work against a Montana business, a contractor or a seller with a real address. It usually does not work against an anonymous scammer who called from a spoofed number or disappeared with crypto, and a judgment does not help if nobody can be found to pay it.

Protections for older adults in Montana

The crime was rewritten in 2025. House Bill 532 (Chapter 484, Laws of 2025) repealed the old exploitation offense (section 45-6-333) and the penalties section of the Montana Vulnerable Adult Prevention of Abuse Act (52-3-825). The current offense, section 45-5-804, applies when a person purposely or knowingly obtains or uses, or tries to obtain or use, an incapacitated person's or vulnerable adult's funds, assets or property "by means of deception, duress, menace, fraud, undue influence, or intimidation," and that person:

a cup of tea beside a face-down phone and a closed folder

"(i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult; (ii) has a business relationship with the incapacitated person or vulnerable adult; or (iii) is an attorney in fact under a power of attorney, conservator, or guardian"

The penalty is a fine of up to $10,000, up to 10 years in state prison, or both. A "vulnerable adult" is someone 60 or older, or an adult 18 or older with a physical or mental impairment that substantially limits their ability to care for or protect themselves, or with a developmental disability (section 45-5-801). Note the reach: a stranger who tricks an older person over the phone, with no trust, business or fiduciary relationship, falls outside this section, though other criminal laws may still apply. For example, theft of identity carries higher maximum penalties when the victim is a vulnerable adult (section 45-6-332), and those penalties are imposed by a criminal court, not paid to the victim.

Who must report. Section 52-3-811 requires listed professionals who know or have reasonable cause to suspect that a vulnerable adult has been subjected to abuse, neglect or exploitation to report it to the Department of Public Health and Human Services or the county attorney. The list includes health professionals, attorneys (unless the information is privileged), peace officers, facility staff, and a conservator, guardian or representative payee. Banks are not on the list. Section 52-3-811(5) adds: "Any other persons or entities may, but are not required to, submit a report." Separately, purposely or knowingly failing to make a required report is an offense under section 45-5-803(1).

To report, call Adult Protective Services at 1 (844) 277-9300 (Monday through Friday, 8 a.m. to 5 p.m., except holidays) or use the online intake form on the APS page. If harm is happening right now, call 911. Our elder fraud guide covers federal help, including the DOJ National Elder Fraud Hotline.

Banks may delay a suspicious transaction. Under section 32-1-1503, a bank, credit union, savings bank, savings and loan association or trust company operating in Montana "may, but is not required to, delay completion or execution of a transaction" if it reasonably believes the transaction may result in financial exploitation of a vulnerable adult, or if a covered agency gives it information. Under section 32-1-1501, financial exploitation includes the unreasonable use of a vulnerable adult to obtain control of their money or property "by means of deception, duress, menace, fraud, undue influence, or intimidation," with the intent or result of permanently depriving them of it. That is not limited to people the adult trusts, so a hold can cover a stranger's impostor scam as well as a relative's theft.

The rules on a hold:

  1. The institution must send written notice of the delay and the reason within 2 business days to the people authorized on the account, except anyone suspected of the exploitation.
  2. The delay generally ends when 15 business days have passed since the institution first delayed the transaction.
  3. A covered agency can ask for an extension, and the delay then ends no later than 25 business days from the start. A court can also extend or shorten it.

Because the power is optional, the law also says these institutions have "no duty to act" to protect a vulnerable adult from exploitation by a third person (section 32-1-1504). If you are worried about a parent's account, tell the bank directly that you suspect a scam. Brokers and investment advisers have a similar option to delay a disbursement for up to 15 business days, extendable to 25 at the securities commissioner's request (section 30-10-342).

Montana scam laws on the books

Phishing

a sealed envelope on a doormat inside a front door

Section 30-14-1712(1) makes it identity theft to solicit, request or try to induce someone, "by means of a website, an electronic mail message, or otherwise through the internet," to provide personal information "by purporting to be a third-party individual or a business without the authority or approval" of that person or business. Under section 30-14-1713(2), an individual who is adversely affected "may bring an action against an individual or a business that has directly violated 30-14-1712 (1) for the greater of three times actual damages or $5,000 for each violation." As with any lawsuit, it only helps if the phisher can be identified and reached. For how phishing works and what to do if you clicked, see our phishing guide and the Montana identity theft laws page.

Telemarketers must register

Under section 30-14-1404, unless exempt, "a person may not act as a seller or telemarketer without first having registered with the department," and must post a $50,000 surety bond. Exemptions include supervised financial organizations, securities brokers and callers with an existing business relationship (section 30-14-1405). Section 30-14-1413 makes a sale by an unregistered seller or telemarketer that was required to register void, and, within that telemarketing law, says a person harmed by an unfair and deceptive act or practice or a prohibited act or practice "is entitled to recover actual damages or $500, whichever is greater, attorney fees, court costs, and any other remedies provided by law." Unlike the general consumer protection act, those fees are not left to the judge's discretion.

Montana also keeps its own no-call protection: section 30-14-1602 bars telephone solicitations to a residential subscriber in Montana who has given notice to the department, under its rules, objecting to them.

Door-to-door and phone sales

For a personal solicitation sale, section 30-14-504 lets the buyer cancel "until midnight of the third business day after the day on which the buyer has signed an agreement," and for a telephone solicitation sale the buyer "may cancel at any time prior to the buyer's signing of an agreement." The seller must give notice of that right, and under section 30-14-505(2), "Until the seller has complied with this section, the buyer or any other person obligated for any part of the purchase price may cancel the personal solicitation sale by notifying the seller in any manner and by any means of the intention to cancel."

Notarios and immigration help

A Montana notary public who is not a licensed Montana attorney may not use the term "notario" or "notario publico," and a notary commission does not authorize anyone to "act as an immigration consultant or an expert on immigration matters" (section 1-5-625). A non-attorney notary who advertises must state, in part: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." See our notario fraud guide.

Crypto ATMs (virtual currency kiosks)

We did not find an enacted Montana crypto ATM law. As noted above, the state banking division says it does not regulate money transmitters. If you were told to put cash into a crypto ATM, report it right away and see our crypto and investment scams guide.

Suing a scammer or a business in Montana

Small claims. Montana small claims court hears actions for money or specific personal property "when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced" (section 25-35-502). A consumer protection claim may also be brought in justice's court.

Deadlines. A consumer protection act claim has the two-year limit described above. A fraud claim also has a two-year limit, but it starts later: under section 27-2-203 the cause of action is "not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud." Our Montana statute of limitations guide covers other civil deadlines.

Who you can actually reach. Lawsuits work against people and businesses with a name, an address and assets, and small claims adds the requirement that the defendant can be served in your county. A scammer who hid behind a fake identity, a spoofed caller ID or an overseas account is usually not reachable through a Montana court. In those cases the payment company, a fast report to law enforcement and protecting your identity are where your effort pays off. Our guide on when a lawyer helps after a scam covers the cases where legal help is worth it.

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the Montana office named above, or a lawyer licensed in Montana.

Frequently Asked Questions

Can I sue a scammer in Montana?

Possibly, if you can identify and serve them and you are a consumer under the Montana Consumer Protection Act, meaning you purchased or leased goods, services, property or information mainly for personal use. Whether someone who simply paid an impostor fits that definition is unresolved, and an anonymous or overseas scammer is usually not reachable through a Montana court.

Does Montana award triple damages for consumer fraud?

A court may, in its discretion, award up to three times the ascertainable loss under section 30-14-133, but only if actual damages do not exceed $100,000. The minimum recovery is the loss or $500, whichever is greater, and punitive damages are not allowed.

Will I have to pay the business's lawyer if I lose a consumer protection case in Montana?

You could. Section 30-14-133(3) lets the court award reasonable attorney fees to the prevailing party, including a business defending the case. Fees are capped at $250 an hour and are not awarded if the consumer recovers actual damages of $100,000 or more.

How long do I have to sue under the Montana Consumer Protection Act?

Two years. Section 30-14-133 points to the two-year period in section 27-2-211 for an individual action. A separate fraud claim has two years from discovery of the fraud under section 27-2-203.

Do I need to send a demand letter before suing under Montana's consumer law?

The text of section 30-14-133 contains no pre-suit demand or notice requirement. The court clerk sends the filed complaint and any judgment to the Department of Justice and the county attorney.

Will the Montana Attorney General get my money back?

Do not count on it. The Office of Consumer Protection forwards complaints to the business so it can respond and keeps them on file to monitor illegal practices; if a business has closed or moved and a credit card dispute fails, it suggests a private attorney when you are owed a large amount. Contact your payment company for a reversal.

Who do I call if an elderly person in Montana is being scammed?

Call Adult Protective Services at 1 (844) 277-9300 or file online, and call 911 if harm is happening now. Montana's 2025 exploitation crime (section 45-5-804) covers people in a position of trust, a business relationship, or acting as agent, conservator or guardian.

Can a Montana bank freeze a transaction if it suspects elder fraud?

It may, but it is not required to. Section 32-1-1503 lets a bank or credit union delay a transaction it believes may financially exploit a vulnerable adult, generally for up to 15 business days, or up to 25 if a covered agency asks for an extension.

Does Montana regulate crypto ATMs?

We did not find an enacted Montana crypto ATM law, and the state banking division says it does not regulate money transmitters. Report a crypto ATM scam to the federal agencies and the kiosk company right away.

What is the small claims limit in Montana?

$7,000, exclusive of costs, and the defendant must be able to be served in the county where you file (section 25-35-502).

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Mont. Code Ann. § 30-14-133(mca.legmt.gov).gov
  2. Mont. Code Ann. § 30-14-102(mca.legmt.gov).gov
  3. Montana DOJ Office of Consumer Protection, Consumer complaints(dojmt.gov).gov
  4. Montana DOJ Office of Consumer Protection, Contact(dojmt.gov).gov
  5. Montana Commissioner of Securities and Insurance, Securities fraud(csimt.gov).gov
  6. Montana Division of Banking and Financial Institutions(doa.mt.gov).gov
  7. Montana DPHHS, Adult Protective Services(dphhs.mt.gov).gov
  8. Mont. Code Ann. § 30-14-103(mca.legmt.gov).gov
  9. Mont. Code Ann. § 30-14-105(mca.legmt.gov).gov
  10. Mont. Code Ann. § 27-2-211(mca.legmt.gov).gov
  11. Montana SB 488 (Chapter 199, Laws of 2025), enrolled(archive.legmt.gov).gov
  12. Mont. Code Ann. § 30-14-142(mca.legmt.gov).gov
  13. Montana HB 532 (Chapter 484, Laws of 2025), enrolled(archive.legmt.gov).gov
  14. Mont. Code Ann. § 45-5-804(mca.legmt.gov).gov
  15. Mont. Code Ann. § 45-5-801(mca.legmt.gov).gov
  16. Mont. Code Ann. § 52-3-811(mca.legmt.gov).gov
  17. Mont. Code Ann. § 45-5-803(mca.legmt.gov).gov
  18. Mont. Code Ann. § 32-1-1503(mca.legmt.gov).gov
  19. Mont. Code Ann. § 32-1-1504(mca.legmt.gov).gov
  20. Mont. Code Ann. § 30-10-342(mca.legmt.gov).gov
  21. Mont. Code Ann. § 30-14-1712(mca.legmt.gov).gov
  22. Mont. Code Ann. § 30-14-1713(mca.legmt.gov).gov
  23. Mont. Code Ann. § 30-14-1404(mca.legmt.gov).gov
  24. Mont. Code Ann. § 30-14-1413(mca.legmt.gov).gov
  25. Mont. Code Ann. § 30-14-1602(mca.legmt.gov).gov
  26. Mont. Code Ann. § 30-14-504(mca.legmt.gov).gov
  27. Mont. Code Ann. § 30-14-505(mca.legmt.gov).gov
  28. Mont. Code Ann. § 1-5-625(mca.legmt.gov).gov
  29. Mont. Code Ann. § 25-35-502(mca.legmt.gov).gov
  30. Mont. Code Ann. § 27-2-203(mca.legmt.gov).gov
  31. Mont. Code Ann. § 32-1-1501(mca.legmt.gov).gov
  32. Mont. Code Ann. § 45-6-332(mca.legmt.gov).gov
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