Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Montana

Short answer: No. Montana is an all-party (often called “two-party”) consent state. Under Mont. Code Ann. § 45-8-213, everyone on a private call must consent before it is recorded. Montana has a notice exception: announcing the recording to everyone on the call satisfies the statute.

Plain-English summary

Montana is an all-party-consent state, with an important exception: Mont. Code Ann. § 45-8-213(1)(c) makes it unlawful to record “a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties.” If a recording is not hidden — for example, a phone visibly recording in the hand of a participant — the statute may not apply.

The Montana statute also exempts recordings made “by a person under explicit policies announced in advance,” which is how customer-service preambles satisfy the rule. The cautious practice in Montana is to obtain audible consent at the start of any phone recording.

Case law of note

No appellate decision in Montana has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same rule — all-party
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Montana appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Misdemeanor; up to 6 months and/or $500 (first offense).

Civil: Common-law claims; injunctive relief.

Evidence: a recording made in violation of the Montana statute is generally inadmissible in Montana proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for Montana

Frequently asked questions

Is Montana a one-party consent state?

No. Montana is an all-party (often called “two-party”) consent state. Under Mont. Code Ann. § 45-8-213, everyone on a private call must consent before it is recorded. Montana has a notice exception: announcing the recording to everyone on the call satisfies the statute.

Can I record a phone call in Montana without the other person knowing?

No. In Montana you need the consent of everyone on the call. The simplest method is to announce the recording at the start of the call and get a verbal yes on the recording; if someone objects, stop recording.

Does the same rule apply to in-person conversations in Montana?

Yes. Montana applies the same all-party rule to in-person conversations.

What is the penalty for illegally recording a call in Montana?

Criminal: Misdemeanor; up to 6 months and/or $500 (first offense) Civil: Common-law claims; injunctive relief.

Can a phone recording be used as evidence in Montana?

A recording made in violation of Montana law is generally inadmissible in Montana proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.