How Montana's statutes shape a contractor's website, phones and email

Is Montana a one-party or an all-party recording state?

Montana's rule is in MCA 45-8-213. It makes it an offense to record a conversation by use of a hidden electronic or mechanical device without the knowledge of all parties. The offense does not apply to persons given warning of the recording, and the statute adds that if one person provides the warning, either party may record. The practical answer for a business is the same each time: tell the caller.

That means a recorded greeting, such as "This call may be recorded for quality and scheduling," on every inbound and outbound line. It covers a phone system that records, a call tracking number, and an AI receptionist that keeps audio and a transcript. Our call recording guide has wording that works, and call recording laws by state shows how Montana compares with your neighbors, which matters if you work near Idaho, Wyoming or the Dakotas.

What hours and conduct does Montana set for telemarketing?

Montana has a telemarketing act of its own. Under MCA 30-14-1412, it is an abusive practice for a seller or telemarketer to:

• Telemarket to a residence at any time other than between 8 a.m. and 9 p.m. local time at the called person's location.
• Call a person who has said, as the federal rules allow, that they do not want solicitation calls from that seller.
• Intentionally block caller ID or "*69" access to the number that called. Using a reasonable substitute name and a working number that accurately identify who is calling is allowed.
• Engage a person repeatedly or continuously in a way a reasonable person would find annoying, abusive or harassing.

The act defines telemarketing as a plan, program or campaign conducted by telephone to induce a purchase that involves more than one call to a consumer (MCA 30-14-1403). One call to return an inquiry is not a campaign. A series of calls to a purchased list is.

When your crew does reach someone, MCA 30-14-1410 requires a prompt, clear disclosure of who is calling, that the purpose is to sell goods or services, and what they are. Before you ask for a payment, you must give the total cost and any material restrictions. You may not misrepresent your refund or cancellation terms.

Does Montana have its own no-call list?

Yes, under Title 30, chapter 14, part 16. MCA 30-14-1602 bars a telephone solicitation to the line of a residential subscriber who has given notice to the Department of Justice. If a single national database is established, the department must fold its Montana part into the state list (MCA 30-14-1603). Whoever solicits must state their identity at the start and must not knowingly block caller ID (MCA 30-14-1604).

The definition in MCA 30-14-1601 is a voice communication, and it excludes calls made with the subscriber's prior express permission and calls from anyone who dealt with the subscriber during the last 180 days or has a current business or personal tie to them. It also excludes a call by a person licensed by Montana in a trade who is setting an appointment related to that licensed trade, within the state. Montana's text only says voice communication, so do not read it as clearance for marketing texts. The federal texting rules still apply in full, and our texting rules guide covers them.

The penalties are real. The Department of Justice or a county attorney can seek an injunction plus a civil penalty capped at $5,000 per knowing violation. A residential subscriber who got more than one violating solicitation in twelve months from the same business can sue for the greater of actual loss or $5,000 per knowing violation (MCA 30-14-1605). Having "reasonable practices and procedures" to prevent violations, established with due care, is a defense, so keep a written suppression list.

When does a phone sales campaign need state registration?

MCA 30-14-1404 says that, unless exempt, a person may not act as a seller or telemarketer without registering with the Department of Justice. Registration renews annually and must come with a $50,000 surety bond, or a certificate of deposit, cash or a government bond in that amount. The application asks for scripts, bank information and details on each person managing the business. Misrepresenting that you are registered is itself a violation.

The exemptions in MCA 30-14-1405 are what keep this off most contractors' plates. The list includes business-to-business sales, a person who solicits maintenance or repair contracts for goods previously bought from that person, a person soliciting consumers with an existing business relationship or earlier purchases, and a retail business that operates under the same name as in the solicitation and does most of its business at that location. A residential service company calling past customers about a seasonal tune-up fits the existing-customer exemption on its face. A company dialing strangers from a purchased list to sell pest or lawn plans is the situation the registration was written for. Confirm with the Department of Justice's Office of Consumer Protection before you start cold phone outreach.

When can a Montana customer cancel a sale?

Part 5 of the same chapter covers "personal solicitation sales" (MCA 30-14-502). A personal solicitation is an attempt to sell goods or services where the seller, or a person acting for the seller, contacts the buyer by phone or in person away from the seller's own premises. The sale is covered when the buyer pays more than $25 in cash or credit. Exceptions include:

• The buyer knew the seller's identity, business name and the kind of goods or services beforehand.
• The buyer started the contact.
• A sale of more than $5,000 of goods or services not primarily for personal, family or household use.

For a covered sale, the seller must disclose who the individual seller is, whom they represent and what they are selling, at first contact and before asking any questions (MCA 30-14-503), with a civil fine of up to $1,000 per violation. The buyer may cancel until midnight of the third business day after signing, and the seller must hand over a notice of the right to cancel in at least 10-point boldface type (MCA 30-14-504 and 30-14-505). Until you provide the notice, the buyer can cancel by any means. A customer who finds you on Google and calls you has started the contact, which is one more reason inbound lead generation is the lower-risk channel.

What about sales tax and privacy?

The Montana Department of Revenue states that Montana has no general sales tax, so mowing, cleaning, washing and repair invoices carry no state sales tax line, and there is no state permit to display on your site. If an out-of-state supplier asks for a Montana sales tax number, the department says none exists. Income and withholding taxes still apply. Our sales tax guide explains how this contrasts with states that tax services.

Montana's Consumer Data Privacy Act is in MCA 30-14-2803, as amended in 2025. Most of the act applies to businesses in Montana that control or process the personal data of at least 25,000 consumers, not counting data used solely to complete a payment transaction. A second path covers 15,000 consumers plus more than 25 percent of revenue from selling personal data. A few sections, including those on minors, apply to businesses that target Montana residents regardless of volume. The attorney general enforces the act, there is no private right of action, and the civil penalty is up to $7,500 for each violation. Senate Bill 297 (effective October 1, 2025, per a Hunton summary) removed the old notice-and-cure window, and the current enforcement section lists no cure period, although the penalty section still carries a stale reference to a 30-day period (MCA 30-14-2820), so do not count on a warning first. A residential service company with a few thousand customers sits well below the threshold. If you run a contact list or website forms, keep them minimal anyway, and publish a plain privacy page.

What this means for your Montana setup

• Website: There is no state sales tax line to build, and no Montana rule we found that sets what must appear on a contractor's website. Keep a privacy page and a simple form. See our website service.
• Phone line: Play a recording notice on every line, and schedule outbound sales calls and call-back automations inside 8 a.m. to 9 p.m. at the customer's location. A business phone system can handle both.
• AI receptionist: Put the recording notice in the greeting, since the system captures audio. Inbound calls are not telemarketing. See our AI receptionist page.
• Email: Montana's telemarketing and no-call parts of the code cover phone communications, so email marketing follows the federal CAN-SPAM rules. See email marketing.

Frequently asked questions