Recording consent law in Montana
Montana's rule turns on a hidden device and lack of knowledge: give a warning that recording is happening, and either party may then record.
General information, not legal advice. Recording law turns on facts — where each person physically is, whether the exchange counts as oral or electronic, and what your profession separately requires. If the answer matters, ask a lawyer licensed in Montana.
Short answer: Montana (Mont. Code Ann. § 45-8-213) prohibits recording a conversation via a hidden device without all parties' knowledge. Once any party gives a warning that recording is occurring, recording becomes lawful. A first offense is a misdemeanor, escalating to a felony on repeat.
At a glance
| Statute | Mont. Code Ann. § 45-8-213 (Privacy in Communications) |
|---|---|
| Applies to | Both in-person and electronic communications |
| Criminal penalty | Misdemeanor for a first offense (up to $500, up to 6 months) and second ($1,000, up to 1 year); felony on a third or later conviction (up to $10,000, up to 5 years). |
| Civil liability | The statute creates no private right of action. Whether a separate common-law privacy claim is available for unlawful recording is unsettled — we could not confirm a controlling case. |
The detail that catches people out
Like Massachusetts, Montana's rule is framed around concealment rather than consent as a term of art. The offence is recording via a hidden device without the knowledge of all parties.
The statute builds in an explicit escape hatch: once a warning is given that the conversation is being recorded, either party may record from that point. There are also carve-outs for public officials performing official duties, public meetings, and certain emergency healthcare calls. In State v. DuBray (2003) the Montana Supreme Court held that a prison's notice to inmates that calls were recorded satisfied the warning exception.
What this means for AI meeting notes
In Montana, the reliable move is to announce the recording. A clear warning that the conversation is being recorded takes you out of the statute entirely — concealment is what it punishes.
Two things worth separating. Whether a recording bot is visible in the attendee list has no bearing on any of the above — the statute governs the recording, not how obvious your tooling is. And where the recording is processed is a different question again: Montana law decides whether you may record at all, while your duty of confidentiality decides who may then receive it.
A tool that captures audio through your own machine and processes it locally, like Oats, removes the second problem and leaves the first entirely intact. You still need whatever consent Montana requires.
If people are in different states
A call with someone in a one-party-consent state and someone in Montana is not a one-party call. Standard conservative practice is to comply with the strictest rule represented on the call — get everyone's agreement, out loud, and note that you got it. See our overview of US recording consent law for the wider picture and the other all-party states.
Sources: Mont. Code Ann. § 45-8-213. RCFP — Montana. Verified July 2026. Laws change — check the primary source before relying on this.
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