What If the Manufacturer Denied My Montana Lemon Law Claim?

A manufacturer denial is not the end of a Montana claim — you have in-state arbitration (with arbitration de novo if an IDS was nonconforming), and a denial that proves wrong is a per se CPA violation. Denials usually rest on a handful of defenses.

Common denial reasons

• “Defect doesn’t substantially impair use, value, or safety.”
• “Caused by abuse, neglect, or unauthorized modification.”
• “No written notice” (§ 61-4-502(3)).
• “Not enough attempts” or “outside the 2-year / 18,000-mile window.”
• “No problem found.”

How to respond

1. Get the denial in writing.
2. Assemble your documentation — repair orders, the 30-business-day count, and the mileage log.
3. Confirm written notice was given.
4. Use arbitration — a certified IDS or the Department of Justice program, held in Montana; arbitration de novo if an IDS was nonconforming (§ 61-4-520).
5. Pull TSBs and recalls — they undercut “abuse”/“no problem found” and support a CPA theory.
6. Plead the CPA and Magnuson-Moss for a discretionary treble and fees.

The CPA per se violation

Because a lemon-law violation is a per se CPA violation (§ 61-4-533), a manufacturer that wrongly denies a meritorious claim risks CPA actual damages, a discretionary treble, and discretionary fees (barred if recovery is $100,000 or more) — plus Magnuson-Moss fees.

Bottom line

A denial is common and rebuttable. Document the defect, confirm written notice, use in-state arbitration (and de novo if needed), and remember the CPA per se violation. Get a free case review.

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