State recording law reference
Montana call recording laws
The conversation rule prohibits use of a hidden recording device without all parties’ knowledge. Prior warning is an express exception. Use clear notice to every participant before recording a telephone conversation.
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Montana: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
Ask every participant for consent
Who must agree
This is a knowledge and warning rule for conversations, not an absolute requirement to collect affirmative consent from everyone. The all-party category is a conservative calling practice. The official 2025 statute makes the prior-warning exception explicit.
Official source: Privacy in communications, Mont. Code Ann. § 45-8-213(1)(c), (2)(a), (3), (4)(a).
Exceptions and penalties
- Exceptions and limits
- Section 45-8-213(2)(a) exempts specified official-duty recordings, public-meeting speakers, warned persons, and certain health-care emergency telephone communications. When one person provides the warning, either party may record. Section (3) separately restricts purposeful electronic interception and provides notice and official-duty exceptions.
- Penalties and remedies
- The recording offense under § 45-8-213(1)(c) is subject to the baseline penalty in (4)(a): a fine of up to $500, county-jail imprisonment of up to six months, or both. Enhanced provisions for other listed conduct should not be treated as recording-specific penalties.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Montana and another state
For an interstate call involving Montana, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
Montana sources and review notes
Reviewed the official Montana Code Annotated 2025 text. It includes the 2025 amendment history and the precise hidden-device, knowledge, warning, and penalty provisions.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in Montana?
The conversation rule prohibits use of a hidden recording device without all parties’ knowledge. Prior warning is an express exception. Use clear notice to every participant before recording a telephone conversation.
What is the safest recording consent practice in Montana?
Get every participant's consent before recording. This is a knowledge and warning rule for conversations, not an absolute requirement to collect affirmative consent from everyone. The all-party category is a conservative calling practice. The official 2025 statute makes the prior-warning exception explicit.
Which statute covers call recording in Montana?
Privacy in communications, Mont. Code Ann. § 45-8-213(1)(c), (2)(a), (3), (4)(a).
What if a Montana call crosses state lines?
For an interstate call involving Montana, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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