Law note · Montana
Montana Consumer Data Privacy Act, Attorney General enforcement
The Montana Attorney General has exclusive authority to enforce MCDPA; the chapter creates no private right of action. Civil penalties run up to $7,500 per violation.
As currently codified, section 30-14-2817 (Enforcement) contains no notice-and-cure text in its five subsections following the S.B. 297 amendment, yet section 30-14-2820(2) cross-references a 'thirty-day period described in 30-14-2817(3),' which as read describes the Attorney General's civil-investigative-demand authority rather than a cure mechanism.
This document reports that cross-reference as an open citation-accuracy question rather than resolving it; the operative, secondary-corroborated finding is that no mandatory pre-action cure right survives as of October 1, 2025, so a first violation can lead directly to a penalty.
What it asks of an app
- Expect MCDPA violations to be enforced exclusively by the Montana Attorney General, never by a private plaintiff.
- Do not assume a notice-and-cure opportunity before an enforcement action. As of October 1, 2025, the Attorney General may proceed directly to a civil penalty without a mandatory cure step.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 28