Data, privacy and AI rules

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Montana Consumer Data Privacy Act (MCDPA)

Amended Montana · In force Oct 1, 2024 · no upcoming deadlines

Deadlines

EnforcementOct 1, 2025 · 13 months ago · Source
SB 297 amendments take effect; cure period eliminatedLower thresholds (25,000 / 15,000 + 25%), minors' data protections, AG assessment demands; the 60-day cure period is removed.
Takes effectOct 1, 2024 · 2.1 years ago · Source
MCDPA takes effectConsumer rights, controller duties and opt-out preference signal support apply.

Summaries for reference, not legal advice. Check the official text.

What it does

Comprehensive privacy law with access, correction, deletion, portability and opt-out rights and mandatory recognition of opt-out preference signals. SB 297 (2025) lowered thresholds, removed the cure period, added minors' protections that apply regardless of size, and lets the AG demand data protection assessments in investigations.

Who it applies to
From Oct 1, 2025: persons doing business in Montana or targeting residents that control or process personal data of 25,000+ consumers (excluding payment-only data), or 15,000+ consumers and derive over 25% of gross revenue from selling personal data. Minors' provisions (30-14-2811, -2818, -2819) apply to anyone doing business in Montana or intentionally targeting products at residents regardless of volume. Original thresholds (Oct 1, 2024): 50,000 consumers, or 25,000 + over 25% revenue from sale.
Penalties
AG enforces using Montana Unfair Trade Practices and Consumer Protection Act powers (MCA Title 30, ch. 14, parts 1-2); no private right of action. SB 297 eliminated the 60-day cure period.
Enforced by
Montana Attorney General (exclusive)
Official name
Montana Consumer Data Privacy Act (SB 384, 2023), Mont. Code Ann. 30-14-2801 et seq., as amended by SB 297 (2025)
Citation
SB 384 (2023 Mont. Laws ch. 681); SB 297 (2025 Mont. Laws ch. 567); MCA 30-14-2801 to 30-14-2819
Topics
Privacy, Children
Verified 2026-09-22 archive.legmt.gov hunton.com
Research notes

The original act's 60-day cure period was scheduled to expire April 1, 2026; SB 297 removed it effective Oct 1, 2025 (per Hunton; MCA 30-14-2817 as amended by ch. 567 L. 2025 no longer contains a cure provision). The Oct 1, 2025 effective date of SB 297 is from secondary sources and the task brief, not the session law text. Hunton reports penalties up to $7,500 per violation under SB 297, but the codified enforcement section (30-14-2817) contains no dollar figure; penalties flow from the Montana Consumer Protection Act, so no exact per-violation figure is asserted here.

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Questions about Montana Consumer Data Privacy Act (MCDPA)
What are the Montana Consumer Data Privacy Act (MCDPA) compliance deadlines?
Oct 1, 2024: MCDPA takes effect. Oct 1, 2025: SB 297 amendments take effect; cure period eliminated.
When does Montana Consumer Data Privacy Act (MCDPA) take effect?
Montana Consumer Data Privacy Act (MCDPA) took effect on Oct 1, 2024.
Who does Montana Consumer Data Privacy Act (MCDPA) apply to?
From Oct 1, 2025: persons doing business in Montana or targeting residents that control or process personal data of 25,000+ consumers (excluding payment-only data), or 15,000+ consumers and derive over 25% of gross revenue from selling personal data. Minors' provisions (30-14-2811, -2818, -2819) apply to anyone doing business in Montana or intentionally targeting products at residents regardless of volume. Original thresholds (Oct 1, 2024): 50,000 consumers, or 25,000 + over 25% revenue from sale.
What are the penalties under Montana Consumer Data Privacy Act (MCDPA)?
AG enforces using Montana Unfair Trade Practices and Consumer Protection Act powers (MCA Title 30, ch. 14, parts 1-2); no private right of action. SB 297 eliminated the 60-day cure period.