Seven small Montanan-owned businesses sued the Secretary of State for a policy that required customers to request refunds in writing even though the Secretary’s website had been double-charging customers for fees without their knowledge.  The Secretary had made statements that misrepresent the extent of the overcharges and mislead customers, who had no reason to expect that a state agency would wrongfully withhold their money.  The businesses sought injunctive relief requiring the Secretary of State to implement a lawful refund policy that alerts businesses when overcharges occur and automatically refunds the overcharged amount.

On April 18, 2023, the Court granted a motion for a consent decree that required the Secretary to establish and implement procedures to detect and, without requiring a customer request, refund overcharges and duplicate charges paid by customers.