Senate Bill No. 58
Introduced By swysgood
A Bill for an Act entitled: "An Act requiring issuers of credit cards or similar devices to obtain consent from a minor's parent or legal guardian before issuing a credit card or similar device to the minor; prohibiting the collection of any debt incurred by the minor in using the credit card or similar device if the minor's parent or guardian did not consent to the issuance of the credit card or similar device; and amending section
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Issuing credit cards to minors -- collection of debt. (1) An issuer of a credit card or similar device may not issue a credit card or similar device to a minor, as defined in 41-1-101, residing in this state without first obtaining consent to the issuance from the minor's parent or legal guardian.
(2) An issuer of a credit card or similar device that does not receive a parent's or legal guardian's consent, as required in subsection (1), before issuing the credit card or similar device to a minor may not collect in this state from the minor or the minor's parent or guardian any debt incurred by the minor through the use of the credit card or similar device.
Section 2. Section 41-1-304, MCA, is amended to read:
"41-1-304. When minors may disaffirm. (1) Except as provided in subsection (2), in
In all cases other than those
specified by 41-1-303, 41-1-305, and 41-1-306, the contract of a minor may, upon restoring the consideration to the party
from whom it was received, be disaffirmed by the minor himself, either before his the minor reaches majority or within a
reasonable time afterwards, or, in case of his the minor's death within that period, by his the minor's heirs or personal
(2) A minor subject to the provisions of [section 1] is not required to restore any consideration received from the issuer of a credit card or similar device that has not obtained the consent of the minor's parent or legal guardian before issuing the card or similar device to the minor."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 31, chapter 1, and the provisions of Title 31, chapter 1, apply to [section 1].