30-25-306. Private right of action -- remedies, MCA

Montana Code Annotated 2025

TITLE 30. TRADE AND COMMERCE

CHAPTER 25. TECHNOLOGY AND DATA MANAGEMENT

Part 3. Child Digital Protection Act

Private Right Of Action -- Remedies

30-25-306. Private right of action -- remedies. (1) An individual harmed by a violation of 30-25-304 and 30-25-305 may maintain a cause of action for the following remedies:

(a) injunctive relief;

(b) damages in an amount that is the greater of:

(i) $1,500; or

(ii) actual damages sustained to the individual as a result of the violation; and

(c) recovery for any profits that are attributable to the violation not included in the calculation of actual damages under subsection (1)(b).

(2) To prove profits under this section, an individual shall submit proof of gross revenues attributable to the violation and the violating party shall prove the party's deductible expenses.

(3) An individual shall bring a cause of action under this section within 7 years of the discovery of the violation or before the individual reaches 26 years of age, whichever is later.

History: En. Sec. 6, Ch. 650, L. 2025.