Montana TCPA and telemarketing law
Montana has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | Mont. Code Ann. § 30-14-1601 et seq.; Mont. Code Ann. § 30-14-1401 et seq.; Mont. Code Ann. § 45-8-216 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation · up to $5,000 willful | ↗ |
| Covers text messages | No | ↗ |
| Cure period | Not yet verified |
Montana regulates telephone sales calls through three statutes. Its no-call law (MCA 30-14-1601 to 1606) bars telephone solicitations to residential subscribers on the state no-call list and requires callers to identify themselves and not block caller ID. Its definition of telephone solicitation covers voice communications only. The Telemarketing Registration and Fraud Prevention Act (MCA 30-14-1401 to 1414) requires telemarketers to register, post a $50,000 bond, make disclosures, and avoid abusive practices. MCA 45-8-216 bars automated recorded-message calls for sales, data gathering, or political campaigns unless a live operator first gets the called party's permission or another exception applies.
Consumers can sue. A residential subscriber who gets more than one call in 12 months from the same caller in violation of the no-call rules can recover actual loss or $5,000 per knowing violation. Under the telemarketing act, a person harmed can recover actual damages or $500, whichever is greater. The state can seek up to $5,000 per knowing no-call violation.