Montana Phone Recording Laws: Two-Party Consent

Is Montana a one-party or two-party consent state?

Guides list Montana as two-party, or all-party, and that's close. But the statute's wording isn't about consent. It's about who knows.

Mont. Code § 45-8-213(1)(c) makes it a crime to record "a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation." A party is a person in the conversation.

Three things stand out in that law:

• A warning is enough. The law exempts "persons given warning of the transcription or recording." The text doesn't ask for a yes.
• Either side can give it. The same line adds: "If one person provides the warning, either party may record."
• The device has to be hidden. That's the statute's word. It isn't settled whether a recorder in a phone system counts, so give the warning anyway.

The wording covers conversations, so phone calls and in-person talks fall under the same test.

In State v. DuBray (2003), Montana's Supreme Court found no violation because an inmate knew his calls could be monitored and recorded. That isn't a typical business call, but it means knowing about the recording can be enough.

A warning makes the difference:

• Fine. You say "I'm recording this call" at the start. Under the text, you've given the warning.
• Not fine. You keep a hidden recorder running while you talk to a contractor, and he doesn't know.

Penalties for illegal recording in Montana

	What the law says
The crime	Violating privacy in communications
Jail	Up to 6 months in county jail
Fine	Up to $500, or jail and fine both
Later offenses	This law's higher repeat penalties don't cover this kind of recording

This Montana law gives no right to sue, and the Reporters Committee says the same. We didn't find another Montana law that does.

Federal law does have one. Under 18 U.S.C. § 2520, a person can sue over a recording that breaks the federal wiretap law. A court may award at least $10,000.

More if $100 a day, or actual losses plus the violator's profits, comes to more. Federal law has its own one-party rule, so a federal suit doesn't cover every recording that breaks Montana's rule.

Can a business record your call in Montana?

Yes, if callers know or get a warning. So a business should play a recording notice at the start of the call.

"This call may be recorded" looks like the natural way to give that warning, and the statute doesn't set a form for it. No Montana case we read settles whether an announcement at the start of a customer call is enough, so keep the notice clear. Say "we record" instead, because it's a clearer warning.

If you're the customer: You can hang up if you don't want to be recorded. Federal courts can treat staying on as consent, as Griggs-Ryan v. Smith did after repeated warnings.

What if the other person is in another state?

A warning is a good habit on any cross-state call, because it can also help with stricter states. California's § 632 requires everyone's consent, and California's top court said a business that tells callers at the outset wouldn't violate it.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule.

Running a call center or sales team in Montana?

Our advice: announce the recording at the very start of every call, inbound and outbound. Montana's test is whether the person knows or was warned, and an announcement at the start handles that.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Montana

People in Montana filed 6,569 fraud reports with the FTC in 2024 and reported about $22.5 million lost, with a median loss of $459. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Montana?

Not with a hidden device unless the other person knows or has been warned. Say you're recording first.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Montana Department of Justice, Office of Consumer Protection. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Montana

CallTutor's analysis of 337 calls from Montana area codes, August through October 2026, found a credit card number read out loud on 23.4% of them, a small sample, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Montana. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Montana recording law FAQ

Is Montana a one-party consent state?

No. In Montana, recording with a hidden device needs the knowledge of all parties, or a warning. One person's knowledge isn't enough.

Is Montana a two-party consent state?

It's usually listed that way. Montana's statute requires the knowledge of all parties, or a warning, for a recording made with a hidden device.

In Montana, can someone record me without telling me?

Not with a hidden device. You have to know about the recording or get a warning. Otherwise it's a crime.

Do I need the other person's permission to record in Montana?

Montana's statute asks for knowledge or a warning, not permission. If one person provides the warning, either party may record.

Is it a felony to secretly record in Montana?

The Montana law doesn't call it a felony. The penalty is up to 6 months in county jail, a $500 fine, or both.

Recording laws in nearby states

• Idaho phone recording laws (one-party)
• North Dakota phone recording laws (one-party)
• South Dakota phone recording laws (one-party)
• Wyoming phone recording laws (one-party)

See all two-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.