US Privacy Law Montana, USA

Montana MTCDPA: Consumer Data Privacy Act Guide

Montana's Consumer Data Privacy Act: low thresholds for a small state, GPC recognition, the 2025 amendments expanding minors' duties, and AG enforcement.

Regulation

Montana Consumer Data Privacy Act (SB 384, 2023), Mont. Code Ann. 30-14-2801 et seq., effective October 1, 2024

Max Penalty

Civil penalties under the Montana Consumer Protection Act (up to $10,000 per violation), plus injunctive relief

Enforcing Authority

Montana Attorney General

Official Source

dojmt.gov

Executive Summary

  • The MTCDPA (effective October 1, 2024) follows the Connecticut model with thresholds scaled to a state of 1.1 million people: 50,000+ Montana consumers' personal data annually, or 25,000+ with over 25% of revenue from selling personal data.
  • Consumers hold the standard rights (access, correction, deletion, portability, opt-outs of targeted advertising, sale, and profiling) with opt-in consent for sensitive data.
  • Universal opt-out signal recognition (GPC) has been mandatory since January 1, 2025, notable for a state law of this size.
  • 2025 amendments (SB 297) tightened the law: lower exemption breadth, a duty of care and stricter defaults for minors under 18, and removal of the cure period's sunset protections, effective October 1, 2025.
  • The AG enforces through the Montana Consumer Protection Act; the original 60-day cure provision was scheduled to sunset, and the amendments accelerated the shift to discretionary enforcement.

Montana is the sleeper in the state privacy stack: a Connecticut-grade law, GPC mandate included, sized so that ordinary national traffic triggers coverage, then upgraded in 2025 with minors’ duties that only a handful of states match. Companies that scoped their programs by state population rather than statutory thresholds routinely miss it, which is exactly the gap coordinated AG sweeps are built to find.

LawMTCDPA, Mont. Code Ann. 30-14-2801 et seq.
EffectiveOctober 1, 2024 (GPC Jan 1, 2025; amendments Oct 1, 2025)
Thresholds50,000 consumers, or 25,000 + 25% sale revenue
Max penaltyUp to $10,000 per violation (MCPA)
RegulatorMontana DOJ
StatuteSB 384 (2023)

Slotting Montana into a multistate program

Coverage math first. Estimate Montana consumers in your data (analytics geography is adequate evidence either way) against the 50,000 bar. Payment-transaction-only data is excluded from the count, but marketing, account, and tracking data all accrue.

Inherit from Connecticut. Rights handling with appeals, sensitive-data consent, assessments, processor contracts, and GPC recognition are all satisfied by a CTDPA-grade build; Montana adds no unique machinery, only the obligation to include its residents in it.

Take the minors’ amendments seriously. The under-18 duty of care, default protections, and targeted-advertising restrictions align Montana with Connecticut and the design-code trend; services with teen audiences should fold Montana into their children’s privacy matrix as of October 2025.

Position for the strict tier. With the amendments, Montana joins Oregon and Connecticut in the tier where exemptions are narrow and defaults favor consumers; the state comparison tracks the placement, and the multi-state strategy guide shows how the strict-tier spec covers the rest.

Confirm the visible pieces, opt-out links, GPC handling, notice accuracy, in one pass with a free scan.

Frequently Asked Questions

Why does a small-population state law matter to national companies?

The 50,000-consumer threshold is roughly 4.5% of Montana's population, proportionally easy for a consumer web business to hit, and the law mandates GPC recognition, which most states its size skipped. Any national e-commerce, media, or SaaS operation with normal Montana traffic share is plausibly covered, and the compliance set (consent for sensitive data, signals, assessments) matches the strict-tier states.

What did the 2025 amendments change?

SB 297 (effective October 1, 2025) narrowed exemptions (trimming the entity-level carve-outs), added Connecticut-style minors' provisions, a duty of reasonable care for services likely to be accessed by users under 18, restrictions on targeted advertising, sale, and profiling of minors, and default limits on engagement-extending features, and adjusted enforcement by removing the cure framework's permanence. Montana moved from middle-of-the-pack to the stricter tier in one session.

What are the sensitive-data rules?

Opt-in consent before processing sensitive data: racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, citizenship or immigration status, genetic or biometric data, known-child data, and precise geolocation (1,750 feet). The consent standard follows Connecticut's clear-affirmative-act formulation; inferred sensitive attributes count. For known children, COPPA parental-consent mechanics apply.

Does Montana require data protection assessments?

Yes, for targeted advertising, sale, sensitive-data processing, and profiling with heightened-risk effects, retained and producible to the AG on demand. The content requirements track Connecticut/Virginia, so a shared multistate assessment template covers Montana without additional drafting.

How is enforcement structured?

Exclusive AG enforcement (no private right of action) through the Montana Consumer Protection Act's remedies, including civil penalties up to $10,000 per violation and injunctions. The original act gave a 60-day cure right sunsetting April 1, 2026; the 2025 amendments restructured enforcement discretion sooner. Montana's AG has not yet brought a public privacy action, but the state joined the multistate privacy regulators' consortium, making coordinated sweeps its likeliest enforcement channel.

Regulatory Crosswalk

Connecticut CTDPAColorado CPAVirginia VCDPA

Organizations subject to this regulation often operate under these overlapping frameworks. BD Emerson maps controls across frameworks to reduce duplicated compliance effort.

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