Montana Department of Justice, Office of Consumer Protection
Supervising Attorney/Faculty Supervisor: Adjunct Professor Kelley Hubbard
Prerequisite: Professional Responsibility
Areas of Emphases: Consumer protection law; nonprofit and charitable trust law; administrative law; problem-solving, legal research and writing; civil litigation; fact investigation and development; problem-solving; legal correspondence; negotiation and settlement; communication with victims and opposing counsel; effective time management; identification and resolution of ethical issues.
- Represent the state in investigating and prosecuting unfair and deceptive trade practices
- Develop facts and conduct investigations necessary to develop a legal theory in support of a violation of the Montana Unfair Trade Practices and Consumer Protection Act
- Recognize and anticipate potential deficits in the state’s case, including potential affirmative defenses and appropriately manage risks associated with litigation
- Develop cases through all aspects of civil litigation, including witness preparation, preparing affidavits, preparing and reviewing discovery, motions practice, settlement negotiations, and trial
- Respond to citizens’ inquiries
- Detail facts and articulate state’s position in correspondence
- Occasional work preparing administrative rules or conducting a contested case hearing
- Develop public policy by researching, preparing, and advancing laws and rules designed to improve consumer protections
Students placed with the Office of Consumer Protection work on behalf of the citizens of Montana to ensure that consumers are treated fairly and that businesses operate on a level playing field. The Office handles a wide variety of matters, including debt issues, health care fraud, and complex litigation against pharmaceutical companies, telemarketers, and telecommunications firms. The Office also handles matters relating to data privacy and data breaches, charities fraud, oversight of nonprofits and charitable trusts, and negative option marketing. Some cases are prosecuted in conjunction with other local and state agencies, our colleagues in other states, or with federal agencies, like the Federal Trade Commission and the Consumer Financial Protection Bureau.