Montana telemarketing & SMS rules for insurance agents

Montana makes it an abusive telemarketing practice to engage in telemarketing to a person's residence at any time other than between 8 a.m. and 9 p.m. local time at the called person's location (Mont. Code Ann. § 30-14-1412(1)(d)) — the same window as federal law (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). Unlike federal law, Montana requires sellers and telemarketers, unless exempt, to register with the Department of Justice and file a $50,000 surety bond (or equivalent deposit) before offering goods or services (§ 30-14-1404). Licensed insurance producers, authorized insurers and producers' staff are exempt from that registration and bonding requirement only (§ 30-14-1405(8)); the hours rule, the disclosure rules, the no-call law and the ban on recorded-message solicitation calls without live-operator permission (§ 45-8-216) are not lifted by that exemption. The Department of Justice states that Montana's do-not-call list is fully integrated with the National Do Not Call Registry.

Montana regulates telephone solicitation under the Montana Telemarketing Registration and Fraud Prevention Act (MCA Title 30, ch. 14, part 14), Telephone Solicitation No-Call List law (part 16), and unlawful automated telephone solicitation (MCA 45-8-216) (Mont. Code Ann. §§ 30-14-1401 to 30-14-1414; §§ 30-14-1601 to 30-14-1606; § 45-8-216), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in Montana?

8:00 a.m. to 9:00 p.m. at the called person's location. Section 30-14-1412(1) makes it "an abusive telemarketing act or practice and a violation of this part for any seller or telemarketer" to "engage in telemarketing to a person's residence at any time other than between 8 a.m. and 9 p.m. local time at the called person's location" (§ 30-14-1412(1)(d)). "Telemarketing" is a plan, program or campaign conducted by telephone to induce the purchase of goods or services that "involves more than one telephone call to a consumer" (§ 30-14-1403(12)), and a "telemarketer" includes a person located within or outside Montana who, in connection with telemarketing, initiates or receives telephone calls to or from a consumer in Montana (§ 30-14-1403(11)). Part 14 does not apply to calls where the sale is not completed and payment is not required until after a face-to-face sales presentation, or to calls initiated by a consumer that are not the result of any solicitation (§ 30-14-1409). The registration exemptions in § 30-14-1405 apply only to "The registration and bonding requirements of 30-14-1404," so they do not remove a producer from § 30-14-1412.

Are there Sunday or holiday restrictions in Montana?

Section 30-14-1412(1)(d) sets a daily 8 a.m. to 9 p.m. window and does not treat Sundays or holidays differently.

What consent does Montana require before the first call or text?

Part 14 sets no written-consent requirement for live calls. Recorded-message solicitations are restricted by § 45-8-216(1): a person may not use an automated telephone system, device, or facsimile machine "for the selection and dialing of telephone numbers and playing of recorded messages" if a message is completed to the dialed number to offer goods or services for sale or convey information on them in soliciting sales, among other purposes. The ban does not apply "if the permission of the called party is obtained by a live operator before the recorded message is delivered," or to messages informing purchasers about purchased goods or services, responding to an inquiry initiated by any person, or providing other pertinent information when there is a preexisting business relationship (§ 45-8-216(2)). Under the no-call law, communications to a residential subscriber "with that subscriber's prior express invitation or permission" are not telephone solicitations (§ 30-14-1601(4)(a)). It is also an abusive practice to initiate a telemarketing call to a person who has stated previously, in compliance with 16 CFR 310 and 47 CFR 64.1200, that the person does not wish to receive solicitation calls from that seller or telemarketer (§ 30-14-1412(1)(c)).

Does Montana treat texting differently from calling?

The Montana provisions do not mention text messages. Part 14 defines "telemarketing" as a campaign "conducted by telephone" involving "more than one telephone call to a consumer" (§ 30-14-1403(12)), and part 16 defines a "telephone solicitation" as "any voice communication over a telephone line from a live operator, through the use of an automatic dialing-announcing device, or by other means" (§ 30-14-1601(4)).

Does Montana have its own do-not-call list?

No separate list in practice. Montana law directs the Department of Justice to "provide for the operation of a database containing a list of names and telephone numbers of residential subscribers who object to receiving telephone solicitations" (§ 30-14-1603(1)), to include the Montana part of any FCC single national database (§ 30-14-1603(3)), and each April, July, October and January to try to add Montana subscribers on any national no-call list (§ 30-14-1603(5)). The department states: "Montana has fully integrated its do-not-call list with the National Do Not Call Registry. To comply with Montana's telemarketing laws, businesses must acquire the (406) area code or a package of area codes that includes the (406) area code from the National Do Not Call Registry." A person may not make a telephone solicitation to a residential subscriber in Montana who has given the department notice of an objection under its rules (§ 30-14-1602). Communications from a person or entity with whom the subscriber has had a business contact within the past 180 days, or has a current business or personal relationship, are not telephone solicitations (§ 30-14-1601(4)(b)).

Do I need to register to solicit in Montana?

Yes, unless exempt. Section 30-14-1404(1)(a): "Unless exempt under 30-14-1405, a person may not act as a seller or telemarketer without first having registered with the department." The initial application must be approved before the seller or telemarketer offers goods or services through any medium, and registration must be renewed annually (§ 30-14-1404(1)(b)–(c)). The application must include, among other things, principals' and employees' identifying information, litigation and bankruptcy history, banking information, and copies of all scripts and sales materials (§ 30-14-1404(1)(d)). It must be accompanied by a surety bond of $50,000, or a certificate of deposit, cash or government bond in that amount (§ 30-14-1404(2)(a), (d)). The Department of Justice states that "There is no application fee," and its application form states that registration certificates expire December 31 of each year. The sale of any goods or services by an unregistered seller or telemarketer that is required to register is void (§ 30-14-1413(1)). Licensed insurance producers are exempt from this requirement (§ 30-14-1405(8)); see the insurance-agent field.

Are licensed insurance agents exempt in Montana?

For registration and bonding only. Section 30-14-1405 says "The registration and bonding requirements of 30-14-1404 do not apply to" — among others — "an insurer authorized to transact insurance under Title 33, chapter 2, part 1, a person licensed as an insurance producer under Title 33, chapter 17, part 2, or staff members, licensed or unlicensed, of the producer" (§ 30-14-1405(8)); a "supervised financial organization," defined to include a supervised insurer, and its parents, subsidiaries and affiliates are also exempt (§§ 30-14-1403(10), 30-14-1405(7)). The exemption is limited to § 30-14-1404; it does not lift the hours rule and other abusive-practice rules in § 30-14-1412, the disclosure and cancellation rules in § 30-14-1410, the prohibited practices in § 30-14-1411, or the recordkeeping rule in § 30-14-1408, all of which carry the penalties in § 30-14-1414. In a civil proceeding the person claiming a § 30-14-1405 exemption has the burden of proving it (§ 30-14-1413(5)). Under the no-call law, a communication "by a natural person responding to a referral or working from the person's primary residence" (§ 30-14-1601(4)(e)), or "by a person licensed by the state of Montana to carry out a trade, occupation, or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation, or profession within the state" (§ 30-14-1601(4)(f)), is not a telephone solicitation. Section 45-8-216 contains no insurance exemption.

What are the penalties in Montana?

A person who fails to follow §§ 30-14-1404, 1408, 1410, 1411 or 1412 — which includes the hours rule — commits the offense of failure to comply with the requirements of part 14, which, except as otherwise provided in § 30-14-1411, "is specifically intended to be an absolute liability offense"; a conviction carries a fine of up to $500, up to 6 months in county jail, or both, and a second or subsequent conviction a fine of up to $50,000, up to 5 years in state prison, or both (§ 30-14-1414(1)). Knowingly violating part 14 with the purpose of depriving an owner of property is telemarketing fraud (§ 30-14-1414(2)). A person who suffers a loss or harm as a result of an unfair and deceptive act or practice or a prohibited act or practice may recover actual damages or $500, whichever is greater, plus attorney fees and costs (§ 30-14-1413(2)); for harm from an abusive act or practice under § 30-14-1412, such as calling outside the hours window, § 30-14-1413(3) provides injunctive or declaratory relief, and the department may seek injunctive or declaratory relief or any other remedy in Title 30, chapter 14, part 1 (§ 30-14-1412(2)). Under the no-call law, the department or a county attorney may seek an injunction and a civil penalty of up to $5,000 for each knowing violation (§ 30-14-1605(1)), and a residential subscriber who received more than one telephone solicitation within any 12-month period by or on behalf of the same person or entity in violation of § 30-14-1602 or § 30-14-1604 may sue to enjoin the violation and recover the greater of actual monetary loss from a knowing violation or $5,000 for each knowing violation (§ 30-14-1605(3)); a due-care defense applies and actions must be brought within 2 years (§ 30-14-1605(4)–(5)). A violation of the automated-solicitation ban is subject to a fine of not more than $2,500 (§ 45-8-216(3)).

Controlling statute

Montana Telemarketing Registration and Fraud Prevention Act (MCA Title 30, ch. 14, part 14), Telephone Solicitation No-Call List law (part 16), and unlawful automated telephone solicitation (MCA 45-8-216) — Mont. Code Ann. §§ 30-14-1401 to 30-14-1414; §§ 30-14-1601 to 30-14-1606; § 45-8-216

Other things that change the answer

When contacting a consumer, a seller or telemarketer must promptly disclose its identity, that the purpose of the call is to sell goods or services, the nature of the goods or services, and that no purchase or payment is needed to win a prize or participate in a prize promotion (§ 30-14-1410(1)). Unless the seller has a qualifying return or cancellation policy, a telemarketing sale may not be considered final until the purchaser receives a written notice of a right to cancel before midnight of the third business day after receipt of the notice (§ 30-14-1410(4)–(6)). Intentionally blocking a person using caller identification or "*69" from accessing the seller's or telemarketer's number is an abusive practice, although a reasonable substitute name and working number that accurately identify the caller are allowed (§ 30-14-1412(1)(f)), and a person making a telephone solicitation to a residential subscriber must state clearly at the beginning of the call the identity of the person or entity initiating it (§ 30-14-1604(1)). Telemarketers must keep scripts, sales and employee records for 24 months (§ 30-14-1408). For the no-call law, a "residential subscriber" is a person who has subscribed to residential telephone service "from a local exchange company" and the persons living with that person (§ 30-14-1601(3)).

Sources

• Mont. Code Ann. § 30-14-1403 — Definitionsprimary source
• Mont. Code Ann. § 30-14-1404 — Registration of sellers or telemarketersprimary source
• Mont. Code Ann. § 30-14-1405 — Exemptions from registration and bondingprimary source
• Mont. Code Ann. § 30-14-1408 — Recordkeeping requirementsprimary source
• Mont. Code Ann. § 30-14-1409 — Acts and practices not governed by partprimary source
• Mont. Code Ann. § 30-14-1410 — Disclosure and contract requirementsprimary source
• Mont. Code Ann. § 30-14-1412 — Abusive acts and practices (calling hours)primary source
• Mont. Code Ann. § 30-14-1413 — Civil remediesprimary source
• Mont. Code Ann. § 30-14-1414 — Penaltiesprimary source
• Mont. Code Ann. §§ 30-14-1601 to 30-14-1606 — Telephone solicitation no-call listprimary source
• Mont. Code Ann. § 30-14-1603 — Department to provide for no-call list databaseprimary source
• Mont. Code Ann. § 45-8-216 — Unlawful automated telephone solicitationprimary source
• Montana Department of Justice, Office of Consumer Protection — Telemarketing Businessesprimary source
• Montana Department of Justice — Telemarketing Registration Application (Form OCP-400)primary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source
• 16 CFR 310.4 — Abusive telemarketing acts or practices (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.