What Is the Montana Consumer Data Privacy Act?
MTCDPA applies to controllers processing data of 50,000+ Montana consumers or 25,000+ while selling data, lower thresholds than larger states, reflecting Montana's small population. Rights include delete, access, correct, port, and opt-out. Universal opt-out mechanisms are recognised from January 2025. Enforcement is exclusive to the Office of Consumer Protection.
At a glance
- Full name
- Montana Consumer Data Privacy Act
- Short code
- MTCDPA
- Effective date
- October 1, 2024
- Response deadline
- 45 days
- Cure period
- None (sunset)
- Private right of action
- No
- Enforcement
- Montana Department of Justice. Office of Consumer Protection
- Maximum penalty
- Up to $10,000 per violation under the Montana Consumer Protection Act
- Statutory citation
- Mont. Code Ann. § 30-14-2801 et seq.
Who MTCDPA applies to
A business is covered if it meets the applicability thresholds set out in Mont. Code Ann. § 30-14-2801 et seq.. Most state laws use an “or” framework — any one of the thresholds triggers coverage unless otherwise noted.
- Conducts business in Montana or targets Montana residents, AND
- Controls or processes personal data of 50,000+ Montana consumers (excluding data processed solely for payment), OR
- Controls or processes personal data of 25,000+ Montana consumers AND derives more than 25% of gross revenue from the sale of personal data
Consumer rights under MTCDPA
Delete, access, correct, port, opt-out
Universal opt-out mechanism recognition (from 2025)
AG exclusive enforcement
Notable features (vs. CCPA)
MTCDPA has a lower consumer threshold (50,000) than most peer laws, reflecting Montana's smaller population of roughly 1.1 million. The law requires recognition of a Universal Opt-Out Mechanism (such as Global Privacy Control) starting January 1, 2025. Businesses must also obtain opt-in consent before processing personal data of known minors aged 13-16 for targeted advertising or sale.
Enforcement & penalties
Enforcing agency: Montana Department of Justice. Office of Consumer Protection
Maximum penalty: Up to $10,000 per violation under the Montana Consumer Protection Act
Cure period: The 60-day cure period sunset on April 1, 2026. Violations are now directly enforceable.
Private right of action: MTCDPA has no private right of action. Enforcement is exclusive to the Montana Department of Justice. Office of Consumer Protection.
Where to file a complaint: Montana Office of Consumer Protection
How to exercise your MTCDPA rights
- 1
Identify the business that holds your data (or use OfflistMe, which pre-targets 500+ known brokers and applies MTCDPA citations automatically).
- 2
Submit a verifiable consumer request to the business's designated contact. Include enough identifying data that the business can verify you as a Montana resident (e.g., ZIP code, email associated with your record).
- 3
Under MTCDPA, businesses have 45 days to respond. Extensions are permitted with written notice under most state laws.
- 4
If the business fails to respond or denies the request without legal basis, file a complaint with the Montana Office of Consumer Protection at https://dojmt.gov/consumer/consumer-complaint-form.
Use your rights
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OfflistMe drafts MTCDPA-compliant deletion emails for $500+ data brokers. Citations included. You send from your own inbox. No account, no ID upload.
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Do low-population states get less broker coverage?+
Not typically. National data brokers operate unified CCPA-compliant workflows regardless of the requester's state. Montana residents get the same broker coverage as California residents in practice; the state law governs enforcement backstop only.
Official sources & citations
Compare with sibling state laws
MTCDPA is one of 18 comprehensive US state privacy laws. Its closest peers by effective date, useful when tracking how this law influenced or was influenced by neighboring legislation: