Montana Consent Requirements
What consent you need before calling or texting consumers in Montana
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Montana for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Montana requires prior express consent for telemarketing voice calls. Must identify yourself within 30 seconds, restrict calls to 8 AM–9 PM, and scrub against both Montana DNC and federal DNC registries. Must maintain internal DNC list for 10 years. Manual dialing to non-DNC numbers is the standard cold calling path.
ATDS Definition
Montana does not define ATDS at the state level. Federal TCPA definition applies (post-Duguid standard).
Statute
Mont. Code Ann. § 30-14-1403
SMS
Notes
Montana defers to federal TCPA for SMS consent requirements. Prior express written consent required for autodialed or marketing texts. One-to-one consent required under FCC January 2025 rule. No state mini-TCPA adds additional SMS restrictions.
ATDS Definition
No state-specific ATDS definition for SMS. Federal TCPA/FCC definition applies.
Statute
Mont. Code Ann. § 30-14-1403; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls fall under the FCC February 2024 declaratory ruling. Prior express written consent required. Montana calling hours and disclosure requirements apply on top of federal rules.
ATDS Definition
No state-specific AI voice definition. AI-generated voice calls treated as artificial/prerecorded under federal TCPA per FCC 24-17.
Statute
47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
Prerecorded messages require prior express written consent under federal TCPA. Montana does not add state-level prerecorded message restrictions beyond federal law.
ATDS Definition
No state-specific definition. Federal TCPA applies.
Statute
47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail drops are treated as calls under federal TCPA. Prior express written consent required for marketing RVM. Montana does not have separate RVM legislation.
ATDS Definition
No state-specific definition. FCC treats ringless voicemail as a call under TCPA.
Statute
47 U.S.C. § 227
MMS
Notes
MMS follows federal TCPA consent framework. Prior express written consent required for marketing MMS. One-to-one consent required under FCC 2025 rule.
ATDS Definition
No state-specific definition. Federal TCPA applies to MMS.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. EBR exemption available. Must include opt-out on every fax. Montana does not impose additional state-level fax restrictions.
ATDS Definition
Federal TCPA Junk Fax Prevention Act standards apply.
Exemptions
EBR exemption for faxes to existing business relationships with opt-out notice.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →