Montana Call Recording Law

Below is a section of the Montana State Statutes that we believe apply to recording phone conversations. This information is not intended as a substitute for legal counsel.

From the Montana State Code

Mont. Code Ann. ยง 45-8-213: It is a violation of privacy in communications under state law to record a conversation with a hidden electronic or mechanical device without the knowledge of all parties to the conversation, but the law does not apply to public officials or employees speaking in the course of their duties, to anyone speaking at a public meeting, or to anyone who has been warned of the recording.

Disclosure of the contents of an illegally recorded conversation also is a violation of the law. A first offense carries a penalty of no more than $500 in fines and no more than six months in prison. A second offense carries a penalty of no more than $1,000 and no more than one year in prison, while a third offense can be punished by no more than $10,000 in fines and no more than five years in prison.

Important Notice

It is always best to talk with an attorney if you have questions about the legal implications of recording calls in your state. We hope this information will serve as a general guide, and is not intended to substitute for expert legal counsel.