MTCDPA: Will Montana’s New Privacy Measure Disrupt the Future of Advertising, and Business?

The Montana Consumer Data Privacy Act (MTCDPA)  signed into law on May 19, 2023, and effective as of October 1, 2024, is part of a larger trend where businesses must re-approach how they handle consumer data, especially in advertising.

But what sets this law apart, and why should the ad industry and data-driven organizations take notice?

A New Standard for Data Privacy

The MTCDPA  joins a growing list of state-level privacy laws, addressing the gap left by the absence of federal regulations. It provides Montana residents greater control over their data while holding businesses accountable or data practices.

A lower applicability threshold distinguishes the Montana Consumer Data Privacy Act. It applies to businesses controlling or processing personal data for at least 50,000 residents, or those handling data from 25,000+ residents while deriving over 25% of revenue from data sales. The MTCDPA’s broadened scope prompts a greater need for privacy-driven innovation, not just for those in Montana, but nationwide.

Expanding Consumer Protection

Montana residents now have the right to access, correct, and delete their personal data and to opt out of data use for targeted ads and sales. The law also requires explicit consent to process personal data from users aged 13-16 for targeted ads, aligning Montana with states like California and Connecticut in protecting younger users.

Universal Opt-Out: A Challenge for Advertisers

A significant feature of the MTCDPA is its requirement for universal opt-out mechanisms by January 1, 2025. Businesses must recognize these mechanisms for both data sales and targeted advertising, which may reduce the pool of consumers available for targeted ads. However, this shift could build consumer trust through more transparent, privacy-focused practices.

Advertisers will need to adjust quickly by investing in systems that recognize and honor opt-out signals. This might lead to a greater reliance on first-party data and contextual advertising strategies.

Data Protection Assessments: Raising the Bar

Starting in January 2025, businesses engaged in targeted advertising must also conduct data protection assessments. These assessments will evaluate the risks and benefits of data processing practices, encouraging a more responsible approach to data use, even as compliance costs rise.

This requirement reflects the end of unchecked data collection and the start of more careful consideration of consumer privacy.

Enforcement with a Grace Period

Notably, MTCDPA does not define the penalties for violations. Instead, the Montana Attorney General’s Office handles enforcement, giving violators a 60-day "cure period" to resolve issues before penalties apply. This cure period expires on April 1, 2026, allowing businesses time to adjust. It does not grant a private right of action.

The Bigger Picture: Privacy Laws on the Rise

The MTCDPA is part of a larger, seismic shift that views privacy not as a commodity but as a fundamental consumer right. As the conversation evolves, national standardization becomes a natural progression, especially with universal opt-out mechanisms. Google's decision to elevate consumer choice over forced cookie deprecation reflects this transformation, fostering greater transparency while heeding regulatory concerns. 

What’s Next: Adapting to Innovation

With the October 1st enactment of the MTCDPA, businesses—especially in advertising—must adapt by updating privacy policies and rethinking their data strategies.

Compliance remains a valuable avenue to restore consumer trust through improved data practices and continued innovation.

By leaning into privacy-driven strategies, businesses can cultivate deeper, more trusted connections while fostering a more equitable value exchange where consumers’ rights are recognized and protected. Those who embrace innovation will be well-positioned to thrive in this privacy-centric era, delivering greater value to both consumers and their bottom line.