Is Montana a one-party consent state?
No. Montana is an all-party consent state for recording calls, under Mont. Code Ann. § 45-8-213.
General information, not legal advice. Laws change and we can get things wrong, so check with a lawyer before relying on any of this. Citations checked October 2026. Spotted an error? Tell us.
Recording calls in Montana
Montana asks for the consent of everyone on a call before it is recorded. If the agent records the calls it answers, the usual practice is to tell each caller at the start.
§ 45-8-213(1)(c) makes it an offense to knowingly or purposely record a conversation with a hidden device without the knowledge of all parties. § 45-8-213(3) separately bars purposely intercepting an electronic communication.
Reporters Committee summary for MontanaThe rule does not apply to people who were warned of the recording, and once one person gives the warning, either party may record. A recording notice at the start of the call is meant to give that warning.
Recording a conversation with a hidden device without the knowledge of all parties is a misdemeanor punishable by up to 6 months in county jail, a fine of up to $500, or both, for a first offense (§ 45-8-213(4)(a)). Montana's statute does not give the person recorded a right to sue, though federal law does for an interception no party consented to (18 U.S.C. § 2520).
General information, not legal advice. Citations checked October 2026. Ask a Montana lawyer about your own calls.
Using an AI agent to answer your Montana line
Montana needs everyone's consent, so the recording notice goes in the agent's first sentence, before the caller says anything. Ask your lawyer whether the notice plus the caller staying on the line meets Montana's standard for your industry.
“Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?”
A Cartesia voice agent answers your business line, says this on every call, then takes messages or transfers the caller to your team.
Trusted by leading teams
Ranked #1
on EVA-Bench and Speech Agent Arena
If the agent also calls out from Montana
An answering service mostly takes calls. Callbacks and reminders are outbound, and outbound calls follow the federal rules plus Montana's own.
Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.
47 U.S.C. § 227(b)(1)(B)47 C.F.R. § 64.1200(a)(2) and (a)(3)FCC ruling on AI voices, February 2024Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.
16 C.F.R. § 310.4(c)Montana bars automated calls that play a recorded message to sell, solicit information or gather data, unless the call responds to the person's own inquiry, follows up on a purchase, goes to someone with an existing business relationship, or a live operator gets permission first (§ 45-8-216).
Statute textMontana treats telemarketing to a residence outside 8 a.m. to 9 p.m. local time, and calls to people who asked not to be called, as abusive telemarketing (§ 30-14-1412).
Statute textWhere Montana callers are
Time zone: Mountain. You set your business hours in your own time zone, and the agent takes messages outside them.
406
Statewide
States near Montana
Enterprise-grade security
HIPAA compliant
SOC 2 Type 2
GDPR
Montana call recording law FAQs
Is Montana a one-party or all-party consent state for recording calls?
Montana is an all-party consent state for recording calls, under Mont. Code Ann. § 45-8-213. The rule does not apply to people who were warned of the recording, and once one person gives the warning, either party may record. A recording notice at the start of the call is meant to give that warning. This is general information, not legal advice. Ask a lawyer about your own calls.
Do I have to tell callers an AI agent is recording in Montana?
Plan on yes. Montana asks for every party's consent, so the agent should say the call is recorded at the start. The sample agent opens with "Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?" and you can change the rest of the line. This is general information, not legal advice.
What if the caller is in a different state than my Montana business?
The stricter state's rule can apply. In Kearney v. Salomon Smith Barney (2006), the California Supreme Court held that California's all-party rule governs, going forward, calls a Georgia office records with clients in California. A business that takes calls from other states usually announces recording on every call.
How much does a Cartesia agent cost to answer calls in Montana?
Managed Agents cost $0.03/min, plus telephony and LLM usage. See pricing.
Which time zone and area codes cover Montana?
Time zone: Mountain. Main area codes: 406. The agent answers calls from any number, and you set your business hours in your own time zone.
Put an agent on your Montana line
Talk to an expert.
Connect with a member of our team and learn how Cartesia can help you build world-class voice experiences.
Try the answering agent
Access our models via API and bring an agent into production with our SDKs and developer tools.