Montana Phone Call Recording Laws: Warning Rules, Interstate Calls, and Penalties (2026)

Montana requires all parties to know a phone call is being recorded under Mont. Code Ann. 45-8-213, but the state's warning exception makes compliance simple: announce that recording is taking place, and consent is not required. Any party who stays on the line after the warning may be recorded lawfully.

Montana's phone call recording laws are governed by MCA 45-8-213, the same statute that covers all audio recording in the state. The law requires all-party knowledge before a phone call can be recorded using a hidden device, but Montana's distinctive warning exception makes compliance straightforward: announce that the call is being recorded, and you satisfy state law.

This guide covers the rules for personal phone calls, business call recording, interstate calls, and the penalties for violations.

The Basic Rule: Warning Required

Under MCA 45-8-213(1)(c), it is illegal to record a conversation using a hidden electronic or mechanical device without the knowledge of all parties. Phone calls fall squarely within this prohibition because the recording device (whether a phone app, external recorder, or call recording software) is not visible to the other party.

However, the warning exception under MCA 45-8-213(2)(a)(iii) provides a clear path to lawful recording.

How to Legally Record a Phone Call in Montana

1. Announce at the start of the call that the conversation is being recorded. Example phrases:

   • "I want to let you know I am recording this call."
   • "This call is being recorded."
   • "I am going to record our conversation."

2. Begin recording after providing the warning. The warning should be given before or at the very start of the recording.

3. No consent is needed. The other party does not have to agree. They simply need to be informed. If they object, their option is to hang up.

4. Continue the call. If the other party stays on the line after receiving the warning, the recording is lawful under Montana state law.

What Happens if You Skip the Warning?

Recording a phone call without providing a warning or otherwise ensuring all-party knowledge violates MCA 45-8-213(1)(c). The penalties are:

• First offense: Misdemeanor, up to 6 months in jail, up to $500 fine
• Repeat offenses (for harassment/threat-related subsections): Escalate to felonies with up to 5 years in prison and $10,000 in fines

Additionally, any recording made in violation of the statute is inadmissible as evidence in Montana courts.

Recording Personal Phone Calls

Calls Between Montana Residents

When both parties are in Montana, the state's warning rule applies:

• Provide a clear verbal warning at the start of the call
• No consent is required from the other party
• The recording is lawful regardless of whether the other party objects, as long as they received the warning
• If the other party hangs up after the warning, the call is over and no further recording can take place

Recording Calls With Family Members

Montana law does not create an exception for calls between family members. Even when recording a call with a spouse, parent, child, or other relative, the warning requirement applies. The relationship between the parties does not change the legal requirement.

Recording Calls for Personal Documentation

Many people wish to record calls for personal records, such as conversations with doctors, lawyers, insurance companies, or contractors. Montana law permits this as long as the warning is given. The purpose of the recording does not affect the legal requirements.

Business Phone Call Recording

Automated Warning Messages

Montana businesses that record customer calls can satisfy the warning requirement through an automated pre-recorded message. Common examples:

• "This call may be recorded for quality assurance and training purposes."
• "Please be advised that this call is being recorded."
• "Your call may be monitored or recorded."

These automated messages satisfy MCA 45-8-213(2)(a)(iii) because they provide the required warning to all parties. The caller does not need to press a button or verbally consent; continuing the call after hearing the message is sufficient.

Employee Call Recording

Businesses should also address internal call recording:

• If calls between employees are recorded, all participants must receive warning
• Monitoring policies should be documented in employee handbooks
• Employees should acknowledge the monitoring policy in writing
• Montana's Wrongful Discharge from Employment Act (MCA 39-2-901 through 39-2-915) provides additional context for employees in recording disputes

Call Center Compliance

Montana call centers should implement the following practices:

• Play an automated warning message at the beginning of every recorded call
• Train employees on proper disclosure procedures
• Maintain records of monitoring policies and employee acknowledgments
• Review recording practices periodically to ensure compliance
• Consider the laws of other states when interacting with out-of-state callers

Interstate Phone Call Recording

When a phone call crosses state lines, the laws of multiple jurisdictions may apply. This is one of the most complex areas of recording law.

Federal Law Baseline

Federal wiretap law under 18 U.S.C. 2511 uses a one-party consent standard. Under federal law, any party to a phone conversation may record it without informing the other parties. Federal law provides a floor but not a ceiling for privacy protections.

When Montana Law Applies

Montana's warning requirement applies to any call where a Montana participant is recording. Even if the other party is in a state with less restrictive laws, the Montana resident should still provide a warning to comply with Montana law.

Calling Stricter States

When a Montana resident calls someone in a state with stricter consent requirements, the stricter state's law may also apply. Key states to be aware of:

Montana's "warning" may not satisfy another state's "consent" requirement. The safest approach for interstate calls is to:

1. Provide a warning (satisfies Montana law)
2. Ask for explicit consent (satisfies stricter states)
3. If consent is refused, stop recording or note the refusal

Calling One-Party Consent States

When calling someone in a one-party consent state, Montana's warning requirement still applies because the Montana participant is subject to Montana law. However, the other party's state law would be satisfied by Montana's more restrictive requirement.

Electronic Interception: MCA 45-8-213(3)

Montana's statute also separately prohibits the electronic interception of communications. Under MCA 45-8-213(3), a person who purposely intercepts an electronic communication by use of an electronic, mechanical, or other device commits a misdemeanor punishable by up to 6 months in jail and a $500 fine. The statute's felony escalation tiers apply only to harassment/extortion violations under (1)(a)/(1)(b) and intimate-image violations under (1)(d)/(1)(e), not to interception offenses under subsection (3).

This provision addresses third-party interception (eavesdropping by someone who is not a party to the call) and carries the statute's flat misdemeanor penalty:

• Any offense: Misdemeanor, up to 6 months in jail, up to $500 fine

Subsection (3) is not named in any of MCA 45-8-213's escalation clauses, so repeat convictions for electronic interception do not carry an enhanced felony penalty under this statute.

The same exceptions apply: the prohibition does not apply to recording of public officials performing official duties, persons at public meetings, or parties who have been warned.

VoIP, Video Calls, and Digital Communications

Montana's recording statute applies to all forms of electronic communications, not just traditional telephone calls.

Voice over Internet Protocol (VoIP)

Calls made through VoIP services (such as Skype, Zoom, Teams, Google Voice, and similar platforms) are covered by MCA 45-8-213. The same warning requirement applies to VoIP calls as to traditional phone calls.

Video Calls

Video calls that include audio are subject to the same rules as phone calls. The video component does not change the consent requirements. Provide a warning at the start of the video call, and the recording is lawful.

Text and Chat Messages

Montana's statute focuses on recording "conversation" using electronic devices. Text messages and chat messages are typically not considered "conversations" for purposes of this statute because they are already in a written format. However, voice messages, audio clips, and other audio content sent through messaging platforms may fall under the statute.

Recording Voicemail Messages

Voicemail messages present a unique situation under Montana law. When someone leaves a voicemail, they are aware that their message is being recorded by the voicemail system. This awareness generally satisfies the knowledge requirement of MCA 45-8-213. Saving, replaying, or sharing a voicemail that was voluntarily left does not typically violate the statute.

However, recording a live conversation through a voicemail system (such as screening calls while listening to the caller leave a message) may raise questions about whether the caller was aware of the recording. The safest approach is to answer the call and provide a warning if you intend to record the live conversation.

Call Recording Apps and Software

Numerous smartphone apps and software programs facilitate call recording. Using these tools in Montana requires compliance with MCA 45-8-213:

• The app or software itself is legal; it is the use without proper warning that creates liability
• Some apps include a built-in warning feature that plays a tone or announcement at the start of a recorded call; using this feature helps ensure compliance
• Apps that silently record without any notification to the other party should only be used after providing a separate verbal warning

Penalties Summary

TAKE IT DOWN Act (Federal, May 19 2025)

The TAKE IT DOWN Act, signed May 19, 2025 (Pub. L. 119-12), is a federal law that criminalizes publishing non-consensual intimate images (NCII), including AI-generated deepfakes, online without the subject's consent. The Act's one-year platform-compliance deadline of May 19, 2026 has now passed. Covered platforms must remove flagged content within 48 hours of a valid request. The Act creates federal criminal liability and a private right of action against platforms that fail to comply.

For phone call recordings that capture intimate content or are used to threaten NCII distribution, the TAKE IT DOWN Act provides an additional federal enforcement layer on top of Montana's MCA 45-8-213(1)(d) and (1)(e) provisions. Both state and federal law apply in Montana.

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