A true "scammer" would search the packs and take out the ones with Montana on the back/front (and in the middle too for that matter).
It could be an honest mistake. He probably bought it from someone and didn't pay attention to the bottom of the box.
To me, the unsearched packs still have quite a bit of value, regardless of what box they are in. You have every right to ask for a refund, but this isn't nearly as egregious as selling searched packs.
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