31-4-104. Litigation financing protections.
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/mt/title-31/chapter-4/part-1/31-4-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
31-4-104 . Litigation financing protections.
(1)A litigation financer may not:
(a)pay or offer commissions, referral fees, rebates, or other forms of consideration to any person in exchange for referring a consumer to a litigation financer;
(b)accept any commissions, referral fees, rebates, or other forms of consideration from any person providing any goods or rendering any services to the consumer;
(c)charge a rate of interest that exceeds the rate of interest allowed under 31-1-107 ;
(d)receive or recover any payment that exceeds 25% of the amount of any judgment, award, settlement, verdict, or other form of monetary relief obtained in the civil action, administrative proceeding, claim, or cause of action that is the subject of the litigation contract;
(e)advertise false or misleading information regarding its products or services;
(f)refer or require any consumer to hire or engage any person providing any goods or rendering any services to the consumer;
(g)fail to promptly deliver a fully completed and signed litigation financing contract to the consumer and the consumer's legal representative;
(h)attempt to secure a remedy or obtain a waiver of any remedy, including but not limited to compensatory, statutory, or punitive damages, that the consumer may or may not be entitled to pursue or recover otherwise;
(i)offer or provide legal advice to the consumer;
(j)assign, including securitizing, a litigation financing contract in whole or in part;
(k)report a consumer to a credit reporting agency if insufficient funds remain to repay the litigation financer in full from the proceeds received from any judgment, award, settlement, verdict, or other form of monetary relief obtained in the civil action, administrative proceeding, claim, or cause of action that is the subject of the litigation financing contract;
(l)make a decision, influence, or direct a decision regarding a legal claim to recover damages including decisions in appointing or changing counsel, choice or use of expert witnesses, litigation strategy, and settlement or other resolution; or
(m)demand, request, receive, or exercise any right to influence, affect, or otherwise make any decision in the handling, conduct, administration, litigation, settlement, or resolution of any civil action, administrative proceeding, claim, or cause of action in which the litigation financer has provided litigation financing. All rights remain solely with the consumer and the consumer's legal representative.
(2)A person who provides any goods or renders any services to the consumer may not have a financial interest in litigation financing and may not receive any commissions, referral fees, rebates, or other forms of consideration from any litigation financer or the litigation financer's employees, owners, or affiliates.
(3)A party, attorney or law firm representing a party, or affiliated attorney or law firm may not disclose or share any information with a litigation financer that is subject to a protective or sealing order from a court.
(4)A party to a legal claim may not disclose to or share with a litigation financer any proprietary information received in the course of or in conjunction with a legal claim.