Robocall Help · Montana
Robocall Lawyer in Montana: $500 to $1,500 Per Illegal Call
Montana makes automated telephone solicitation a crime under Mont. Code Ann. § 45-8-216, which bars using an automated system to dial numbers and play recorded sales messages, and the state has folded its do-not-call list into the national registry rather than keeping its own. The federal TCPA sits on top of that and is what pays per call. If illegal calls or texts are hitting your phone in Montana, you may be owed $500 to $1,500 per call.
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Montana robocall law at a glance
The federal TCPA covers everyone in Montana. State law adds a criminal ban on recorded sales calls and telemarketer registration rules.
Section 45-8-216 of the Montana Code Annotated sits in the criminal code. It says a person may not use an automated telephone system, device, or fax machine to select and dial numbers and play recorded messages for the purpose of offering goods or services for sale, conveying information on goods or services to solicit a sale, or similar purposes. In plain terms, a recorded sales pitch dialed by a machine to a Montana phone is against state law, with exceptions for things like calls the consumer requested.
Montana also has the Telemarketing Registration and Fraud Prevention Act, § 30-14-1401 and following, which requires telemarketers to register with the state and lists prohibited and abusive practices. The Department of Justice Office of Consumer Protection enforces telephone solicitation and telemarketing statutes, and it says Montana has fully integrated its do-not-call list with the national registry, so there is no separate Montana list to join.
The federal Telephone Consumer Protection Act is still the law that pays. It lets a Montana resident sue for $500 to $1,500 per illegal call or text. Cases are handled nationwide under the federal TCPA. Local counsel is associated where Montana rules require it.
Two laws protect Montana residents
A federal law covers everyone, and Montana adds a criminal ban on automated sales calls.
The TCPA
The Telephone Consumer Protection Act, the nationwide law behind every claim.
- Protects everyone in Montana, no matter the state rules.
- Bars autodialed or prerecorded calls and texts to your cell without consent.
- $500 to $1,500 per call, stacking with every violation.
- You can sue personally, you don’t wait on the government.
Unlawful automated telephone solicitation, Mont. Code Ann. § 45-8-216
How Montana adds to your protection under the federal rules.
- Recorded sales calls: using an automated system to dial and play a recorded message to sell goods or services is unlawful (§ 45-8-216).
- Telemarketer registration: the Telemarketing Registration and Fraud Prevention Act, § 30-14-1401 et seq., requires registration and lists abusive practices.
- Do Not Call: no separate state list; Montana’s list is integrated with the national registry.
- Enforced by the Office of Consumer Protection and county attorneys; a state claim can sometimes be added to a federal TCPA case.
How the law works in Montana
The federal Telephone Consumer Protection Act (TCPA) protects every Montana resident. It makes it illegal for a company to call or text your cell phone with an autodialer or a prerecorded or artificial voice without your prior express consent, and it bars telemarketing calls to numbers on the National Do Not Call Registry. When a company breaks those rules you can sue for $500 per illegal call or text, and up to $1,500 per call when the violation was willful or knowing. Damages are counted per call, so a winter of robocalls to a 406 number in Billings or Missoula adds up quickly.
Montana’s own rules come from two places. Section 45-8-216 of the criminal code makes it unlawful to use an automated telephone system to dial numbers and play recorded messages for the purpose of selling goods or services, subject to listed exceptions. The Montana Telemarketing Registration and Fraud Prevention Act, §§ 30-14-1401 to 30-14-1414, requires sellers and telemarketers to register, spells out prohibited and abusive acts, and gives the Department of Justice and county attorneys enforcement authority. Montana has no separate state no-call list; the Office of Consumer Protection says the state list is fully integrated with the national registry. A state claim can sometimes be added to a TCPA case, but the TCPA is the statute with a clear private right of action and fixed per-call damages, so it is the engine of the claim.
A federal TCPA claim for a Montana resident is filed in the United States District Court for the District of Montana, which covers the whole state from courthouses in Billings, Missoula, Great Falls, Helena, and Butte. Whether the calls hit a phone in Bozeman, Kalispell, or on the Hi-Line, the same court and the same federal rule apply. The federal TCPA has a four-year limitations period, but the count of calls and the dates matter, so talk to us before assuming there is time.
Max Morgan, Esq. of The Weitz Firm in Philadelphia represents Montana residents in these cases. Max is licensed in Pennsylvania and New Jersey, and because the TCPA is a federal law he handles claims for consumers across the country and associates Montana counsel where the case requires it. Two patterns that often become cases are prerecorded calls to a cell phone and wrong-number debt collection calls. The review is free, and there is no attorney’s fee unless you recover.
Getting illegal calls in Montana? Do this.
- Register on the national list.Montana has no separate registry, so donotcall.gov is the one place to register. Note the date; sales calls after it are evidence.
- Keep every call and text.Do not delete the log, the voicemails, or the message threads. A saved recorded sales pitch is direct proof of a § 45-8-216 problem and a TCPA violation.
- Say “stop” and note the date.A company that keeps calling after you tell it to stop is in a worse position under the TCPA. Write down when you said it and to whom.
- File with the Montana Office of Consumer Protection.The Department of Justice Office of Consumer Protection takes consumer complaints online at dojmt.gov, or by mail or fax using its complaint form. It enforces the state’s telephone solicitation and telemarketing statutes.
- Report it nationally, then get a free review.Report the calls to the FTC at reportfraud.ftc.gov and the FCC at fcc.gov/complaints. Then tell us what is happening and we will tell you, free, whether you have a case. Our guide to how to report a robocall covers each step.
Why Montana residents reach out
Three patterns we hear from Montana callers. If one sounds like your phone, it is worth a free look.
Prerecorded sales calls to a cell phone without consent are a TCPA violation, and Montana separately makes automated recorded sales calls unlawful.
Wrong-number collection robocalls are one of the most common TCPA claims. You do not have to owe the debt to bring one.
Calls to a registered number can violate the TCPA, and unregistered telemarketers break Montana’s registration act. The registration date is the starting line for counting.
What we help Montana residents with
Each of these is a real, recoverable claim under the TCPA.
Wrong-number robocalls
Prerecorded or auto-dialed calls meant for someone else. You can have a claim even though you’re not a customer.
About wrong-number robocall claimsWrong-number debt collection
Auto-dialed collection calls for a debt that was never yours. Illegal twice over, and it pays.
About wrong-number debt collection claims“Stop calling me”
You told them to stop and the calls kept coming. Each one can be a separate violation.
About claims for calls after you said stopSpam text messages
Marketing texts you never agreed to count under the TCPA too. Screenshots are often all the proof you need.
About spam text message lawsuitsDo-Not-Call violations
Registered your number and the calls didn’t stop? Continued telemarketing may entitle you to damages.
About Do Not Call violation claimsPrerecorded cell calls
Robotic or artificial-voice calls to your cell without consent are a clear TCPA violation.
About prerecorded cell call claimsHow it works
Three steps. No cost to find out. No obligation to go further.
Tell us what happened
Answer a few plain-English questions about the calls or texts. It takes about two minutes.
Max reviews it free
Max Morgan’s team looks at your answers and tells you, honestly, whether you have a claim worth pursuing.
If you qualify, he fights for it
You pay nothing up front and nothing unless you recover. Max handles the case.
Real cases Max has helped win
The TCPA is federal, so these results apply to Montana residents too.
Wrong-number prerecorded debt-collection calls.
Lucas v. Synchrony Bank (N.D. Ind.)
Telemarketing to Do-Not-Call list & after opt-out.
Campbell v. Everything Breaks (D. Nev.)
385 wrong-number calls at $1,500 each.
Higgs v. Golden Title Loans (W.D. Tenn.)
Prerecorded calls to cell phones without consent.
Key v. Miracle Faith Center (N.D. Fla.)
Prior results do not guarantee a similar outcome. Every case is different.
Montana robocall FAQs
Does Montana have its own Do Not Call list?
No. The Montana Office of Consumer Protection says the state has fully integrated its do-not-call list with the national registry, so registering at donotcall.gov is the only step. Telemarketers calling Montana are expected to use the national list and update it every 31 days.
Which court hears a robocall case for a Montana resident?
A federal TCPA claim is filed in the United States District Court for the District of Montana, which covers the entire state from courthouses in Billings, Missoula, Great Falls, Helena, and Butte. Some claims can also be brought in state court. We decide venue with you once we have seen the call records.
Do I need a Montana lawyer for a robocall case?
Not necessarily. The TCPA is a federal law that applies nationwide. Max Morgan, Esq. is licensed in Pennsylvania and New Jersey and handles TCPA claims for consumers across the country, associating Montana counsel where the rules require it. The case review is free and there is no attorney’s fee unless you recover.
What does Montana law add on top of the TCPA?
Mont. Code Ann. § 45-8-216 makes automated recorded sales calls a criminal offense, and the Telemarketing Registration and Fraud Prevention Act requires telemarketers to register and bars abusive practices. Both are enforced by the state. A state claim can sometimes be added to a federal case, but the fixed $500 to $1,500 per call comes from the TCPA.
Are there calling-hour rules in Montana?
Section 45-8-216 does not set calling hours. The federal Telemarketing Sales Rule limits sales calls to between 8 a.m. and 9 p.m. at your location, and that rule applies in Montana. A call outside that window is worth noting in your log, but the stronger claim is usually the prerecorded or autodialed call to your cell without consent.
Explore: Wrong-number robocalls · How to sue a telemarketer · The state-by-state robocall law guide · Settlements
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