dissenting and concurring.
¶74 I join Justice Nelson’s dissent. However, in light of the fact that the Court is affirming the judgment for the defendant, the Court must reach the question of whether the District Court erred in its award of attorney fees to the defendant under the MCPA. While I would not award fees at all to the defendant, I concur with the Court’s analysis of how fees to a prevailing defendant in an MCPA action ought to be analyzed. I therefore join the Court’s Opinion as to Issue Five only.