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Montana MCDPA

Montana Consumer Data Privacy Act

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Montana, United StatesOpt-outUS State LawsState
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Key Facts

Effective Date
October 1, 2024
Enacted
May 19, 2023
Enforcing Authority
Montana Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Entities in MT or targeting MT residents: 25,000+ consumers OR 15,000+ consumers and 25%+ revenue from selling PI (lowest thresholds among US states) [SB 297 (in force 2025-10-01) lowered applicability thresholds, added minor protections, removed the 60-day notice-and-cure period, and added privacy-notice requirements; consent model and GPC obligation unchanged.]

Overview

Montana's MCDPA has the lowest applicability thresholds among US state privacy laws following SB 297 amendments. The October 2025 amendments eliminated the cure period, mandated GPC signal honoring, and introduced a unique duty of reasonable care for minors under 18.

What This Means for Your Website

  • GPC signals must be honored from October 2025
  • Opt-in consent is required for sensitive data
  • A unique duty of "reasonable care" applies when processing data of minors under 18
  • Sale of data from 13-17 year olds is prohibited, as is targeted advertising
  • The cure period was eliminated in October 2025
  • Applicability thresholds are the lowest among US states (25,000/15,000 consumers)

Key Requirements

The Montana AG enforces the MCDPA with penalties up to $7,500 per violation. Consumer requests must be fulfilled within 45 days. The duty of reasonable care for minors requires controllers to implement mitigation plans for identified risks. SB 297 significantly expanded coverage and protections.

How ConsentStack Handles This

ConsentStack detects Montana visitors, honors GPC signals, and applies enhanced protections for minors including blocking sale and targeted advertising for under-18 visitors.

Penalties

Up to $7,500 per violation (no statutory cap).

Maximum Fine
$7,500 per violation

Key Requirements

  • Honor GPC/universal opt-out signals from October 2025
  • Opt-in consent for sensitive data
  • Duty of reasonable care for minors under 18, unique
  • Data protection assessments for services with heightened harm risk
  • Consumer rights: access, correct, delete, portability, opt-out

Notable Provisions

  • Lowest applicability thresholds (25,000/15,000) among US states
  • Cure period eliminated October 2025
  • Unique duty of reasonable care for minors
  • Sale of 13-17 data prohibited

US State Specifics

Private Right of Action
No
Global Opt-out Required
Yes
Sensitive Data Opt-in
Yes
Children Provisions
Under 18: duty of reasonable care (unique). 13-17: sale/advertising prohibited.

Other North America Regulations

CPRACalifornia, United States
The CPRA is the most comprehensive US state privacy law with a dedicated enforcement agency (CPPA). Cross-context behavioral advertising via cookies constitutes sharing personal information, triggering opt-out obligations. GPC signals must be honored as valid opt-out requests.
CCPACalifornia, United States
The CCPA was the first comprehensive consumer privacy law in the United States, giving California residents the right to know what personal information businesses collect and to opt out of its sale. It established the opt-out consent model that most subsequent US state privacy laws adopted.
PIPEDACanada
Canada's federal private-sector privacy law based on 10 fair information principles. Requires express consent for sensitive data and implied consent for less sensitive data. OPC guidance addresses cookies and online behavioral advertising. The CPPA replacement bill died January 2025; a new bill is expected.
CIPACalifornia, United States
CIPA is a 1967 California chapter covering wiretapping, eavesdropping, and other privacy invasions, not a website-specific law. Since 2022, courts have applied two of its sections to website chat, analytics, and ad tools, and any visitor can sue directly for at least $5,000 per violation, no revenue threshold.
Quebec Law 25Quebec, Canada
Quebec's Law 25 is the strictest privacy law in Canada and the closest North American equivalent to the GDPR. Consent must be clear, free, informed and requested for each purpose, and any technology that identifies, locates or profiles a visitor has to be disclosed. Its privacy-by-default rule carves out browser cookie settings, but non-essential cookies still need consent first.
CPAColorado, United States
Colorado's CPA features the highest per-violation penalties among US state privacy laws at $20,000. Must honor GPC signals since July 2024. Participated in a joint GPC enforcement sweep with California and Connecticut in September 2025. The cure period was eliminated in January 2025.

Frequently Asked Questions

Montana MCDPA requires you to recognize an opt-out preference signal such as Global Privacy Control. Check whether GPC is working on your site to confirm the signal reaches you and that trackers actually stop firing when it does.

Stay compliant with Montana MCDPA

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