Yes, Montana permits recording phone calls if at least one party consents, per MCA § 45-8-213, aligning with the state’s “one-party consent” rule. Federal law (18 U.S.C. § 2511) mirrors this standard, but Montana’s statute imposes stricter penalties for violations, including felony charges for intentional non-compliance. Businesses must also adhere to the Montana Consumer Protection Act, which prohibits deceptive recording practices. Recent 2026 amendments to MCA § 45-8-213 require explicit disclosure of recording policies in commercial contexts, reflecting heightened scrutiny by the Montana Attorney General’s Office.
Key Regulations for Recording Phone Calls in Montana
- One-Party Consent Requirement: Only one participant in the call must be aware of and consent to recording (MCA § 45-8-213). This includes employees recording internal business calls.
- Prohibition on Third-Party Interception: Recording calls where the recorder is not a participant is illegal without prior consent from all parties (MCA § 45-8-213(2)).
- Commercial Disclosure Mandates: Businesses must notify customers in writing or verbally before recording, per 2026 amendments to MCA § 45-8-213(3), enforced by the Montana Department of Justice.
Penalties and Enforcement Violations may result in civil lawsuits or criminal charges, with fines up to $5,000 per offense and potential imprisonment for aggravated cases. The Montana Public Service Commission monitors telecommunication compliance, while the Attorney General’s Consumer Protection Division investigates deceptive recording practices. Entities must retain call recordings for at least 90 days if used for dispute resolution, per MCA § 30-14-1703.