Can you record a phone call in Montana?
Everyone on the call must know it is being recorded. Montana's law requires a warning, not permission: once anyone on the call says it is recorded, either side may record.
- Phone calls
- Montana's privacy in communications law (Mont. Code Ann. 45-8-213) makes it an offense to record a conversation with a hidden device without the knowledge of all parties, and to intercept an electronic communication. Both bans fall away once the other people are warned. The law speaks of knowledge, not consent, so a clear warning at the start of the call is enough.
- Business calls
- Warn everyone at the start of every call, on calls you make and calls you receive. Montana's Consumer Data Privacy Act applies to businesses that handle personal data of 25,000 or more Montana consumers, or 15,000 if over 25% of revenue comes from selling data. Since October 2025 the Attorney General can seek up to $7,500 per violation, with no cure period.
- What counts as consent
- A clear warning is enough. The statute says that if one person gives the warning, either party may record. In State v. DuBray (2003) the Montana Supreme Court held that telling inmates their calls might be recorded was an adequate warning. Agreement is not required.
- Penalties
- A misdemeanor: a fine of up to $500, up to 6 months in county jail, or both. The statute itself creates no private right to sue for damages.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- Because Montana asks for knowledge rather than consent, guides label it differently: some call it all-party, others say it fits neither group. The safe reading is that everyone on the call must be told.
- The ban targets recording with a hidden device, and it covers in-person talk too. Recording openly in public, where nobody expects privacy, falls outside it.
- The section was last amended in 2025 (House Bill 514), but that change covered intimate images. The recording and warning rules stayed the same.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Montana Code Annotated 45-8-213, Privacy in communications (2025 MCA)statute
- Montana Code Annotated 30-14-2803, Consumer Data Privacy Act applicabilitystatute
- Montana Code Annotated 30-14-2820, Consumer Data Privacy Act civil penaltystatute
- Reporters Committee for Freedom of the Press: Montana recording guideguide
Other states
More free tools
Questions
Is Montana a one-party consent state?
No. Everyone on the call must know it is being recorded. Montana's law requires a warning, not permission: once anyone on the call says it is recorded, either side may record.
Can a business record calls in Montana?
Warn everyone at the start of every call, on calls you make and calls you receive. Montana's Consumer Data Privacy Act applies to businesses that handle personal data of 25,000 or more Montana consumers, or 15,000 if over 25% of revenue comes from selling data. Since October 2025 the Attorney General can seek up to $7,500 per violation, with no cure period.
What counts as consent in Montana?
A clear warning is enough. The statute says that if one person gives the warning, either party may record. In State v. DuBray (2003) the Montana Supreme Court held that telling inmates their calls might be recorded was an adequate warning. Agreement is not required.
What happens if you record a call illegally in Montana?
A misdemeanor: a fine of up to $500, up to 6 months in county jail, or both. The statute itself creates no private right to sue for damages.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
