Montana call recording law
Is Montana a one-party consent state?
All parties must know (a warning counts)
No. Montana makes it a crime to record a conversation, including a phone call, with a hidden device without the knowledge of all parties. The rule does not apply to people given a warning that the call is being recorded, and once one person gives the warning, either party may record (Mont. Code Ann. § 45-8-213).
Last checked October 13, 2026 · 7 quoted facts from official pages
Montana at a glance
- Phone calls
- All parties must know (a warning counts)
- Criminal penalty
- A fine of up to $500, up to 6 months in county jail, or both.
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- A fine of up to $500, up to 6 months in county jail, or both.
What this means for a business that records calls
The statute also exempts health care facilities and government health agencies that record health care emergency calls made to them (§ 45-8-213).
Notices and warnings: Montana’s rule does not apply to persons given warning of the recording, and if one person provides the warning, either party may record (§ 45-8-213).
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Montana's law is a question for a lawyer licensed in Montana.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
Recording a conversation with a hidden device without the knowledge of all parties is an offense (violating privacy in communications).
“records ... a conversation by use of a hidden electronic or mechanical device ... without the knowledge of all parties to the conversation”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
The hidden-recording rule does not apply to persons given a warning of the recording; if one person provides the warning, either party may record.
“persons given warning of the transcription or recording. If one person provides the warning, either party may record.”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
Purposely intercepting an electronic communication is also an offense under the same section.
“a person commits the offense of violating privacy in communications if the person purposely intercepts an electronic communication.”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
The interception offense does not apply to persons given warning of the interception (or to public officials and employees performing official duty).
“This subsection does not apply to elected or appointed public officials or to public employees ... or to persons given warning of the interception.”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
A conviction carries a fine of up to $500, up to 6 months in county jail, or both.
“fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
The increased penalties for repeat convictions are written for other subsections, e.g. (1)(a) and (1)(b), not the recording subsection (1)(c).
“On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
Health care facilities and government health agencies are exempt when recording health care emergency telephone communications made to them.
“a health care facility ... or a government agency that deals with health care if the recording is of a health care emergency telephone communication”
Source: mca.legmt.gov (official source, opens in a new tab) · read October 13, 2026
Montana call recording questions
Is Montana a one-party consent state?
No. Montana makes it a crime to record a conversation, including a phone call, with a hidden device without the knowledge of all parties. The rule does not apply to people given a warning that the call is being recorded, and once one person gives the warning, either party may record (Mont. Code Ann. § 45-8-213).
What is the penalty for recording a call illegally in Montana?
A fine of up to $500, up to 6 months in county jail, or both.
What do Montana's sources say about businesses that record calls?
The statute also exempts health care facilities and government health agencies that record health care emergency calls made to them (§ 45-8-213).