Purple Snow et al. v. Secretary of State
Seven small Montanan-owned businesses have sued the Secretary of State for a policy that requires customers to request refunds in writing even though the Secretary’s website has been double-charging customers for fees without their knowledge. The Secretary has made statements that misrepresent the extent of the overcharges and mislead customers, who have no reason to expect that a state agency would wrongfully withhold their money. The businesses seek 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.
Filings / Press
Amended Complaint (April 4, 2022)
Maritsa Georgiou, Lawsuit claims Secretary of State's Office knowingly profited $120k off duplicate charges, NBC Montana, (Sept. 1, 2021)
Holly Michels, Lawsuit filed against Montana SOS over duplicate biz filing charges, Billings Gazette (Sept. 1, 2021)
Alex Sakariassen, Overcharge lawsuit against SOS underscores legislative concerns, Montana Free Press (Sept. 22, 2021)
State's Motion to Dismiss (April 29, 2022)
State's Brief in Support (April 29, 2022)
Plaintiffs' Response in Opposition (May 13, 2022)
State's Reply in Support (May 31, 2022)
Order Denying State's Motion to Dismiss (June 10, 2022)
State's Motion for Summary Judgment (August 3, 2022)
State's Brief in Support (August 3, 2022)
Plaintiffs' Rule 56(f) Motion (August 24, 2022)
Plaintiffs' Brief in Support (August 24, 2022)
State's Response (September 12, 2022)
Plaintiffs' Reply (September 27, 2022)
Order Granting Plaintiffs' 56(f) Motion and Denying State's Motion for Summary Judgment (October 18, 2022)