North Dakota
North Dakota Phone Call Recording Laws: One-Party Consent Guide (2026)
North Dakota is a one-party consent state under N.D.C.C. § 12.1-15-02, which means you can record any phone call you participate in without notifying the other party. The law requires only that the recording not serve a criminal or unlawful purpose.
North Dakota is a one-party consent state for phone call recording. Under N.D.C.C. § 12.1-15-02, you can legally record any telephone conversation you participate in without informing the other parties. The critical condition is that the recording must not be for criminal or unlawful purposes.
This guide covers the rules for recording phone calls in North Dakota, including personal calls, business calls, VoIP and video calls, interstate call recording with neighboring Montana, and penalties for violations.
How One-Party Consent Works for Phone Calls
The Basic Rule
Under N.D.C.C. § 12.1-15-02, you can record phone calls you participate in without announcing the recording, playing a beep tone, or getting written permission. Your participation as a party satisfies the consent requirement.
The Unlawful Purpose Exception
Both conditions must be met: (1) you are a party or have one party's consent, AND (2) the recording is not for criminal or unlawful purposes. Recording for blackmail, fraud, or extortion removes the protection.
Types of Calls Covered
| Call Type | Consent Rule |
|---|---|
| Landline calls | One-party consent |
| Cell phone calls | One-party consent |
| VoIP (Zoom, Teams, Meet) | One-party consent |
| Video calls with audio | One-party consent |
| Conference calls | One party on the call must consent |
Interstate Phone Calls
Neighboring Montana is a two-party consent state. When calling Montana from North Dakota, the stricter law typically applies.
Two-party consent states to watch: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana (neighbor), Nevada (phone calls), New Hampshire, Pennsylvania, Washington
Best practice: inform all parties when calling two-party consent states.
Business Phone Call Recording
North Dakota businesses can record calls for quality assurance, training, and compliance. The employee on the call provides one-party consent. The federal FCC recommends businesses provide notification for interstate calls.
Recording Apps and Technology
Smartphone call recording apps, built-in Android recording features, external recording devices, and AI transcription services are all legal under one-party consent. Your participation satisfies the legal requirement regardless of the technology used.
Penalties for Illegal Phone Call Recording
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Illegal interception | Class C Felony | 5 years prison, $10,000 fine |
| Disclosure of intercepted calls | Class C Felony | 5 years prison, $10,000 fine |
The federal Wiretap Act (18 U.S.C. § 2511) provides additional penalties up to 5 years in federal prison.
Civil Liability for Illegal Phone Recording
North Dakota's wiretapping statute does not include a state-law civil cause of action for victims. There is no private right of action under Chapter 12.1-15. Victims instead proceed under federal 18 U.S.C. § 2520, which provides the greater of actual damages plus the violator's profits, $100 per day per violation, or $10,000 in statutory damages, plus punitive damages and reasonable attorney fees. The federal statute of limitations is two years.
Using Phone Recordings as Evidence
Lawfully recorded calls are generally admissible in North Dakota courts. Preserve originals without editing, note date/time/parties, and provide recordings to your attorney promptly.
More North Dakota Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
Back to North Dakota Recording Laws
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Frequently Asked Questions
Can I record a phone call in North Dakota without telling the other person?
Yes. North Dakota is a one-party consent state under N.D.C.C. § 12.1-15-02. You can record any phone call you participate in without informing other parties, as long as the recording is not for criminal or unlawful purposes.
Can I record a call with someone in Montana from North Dakota?
Montana is a two-party consent state. When calling Montana from North Dakota, the stricter law typically applies. You should inform all parties or get explicit consent before recording.
Can I record a Zoom call in North Dakota?
Yes. VoIP and video calls follow the same one-party consent rules as traditional phone calls. You can record Zoom, Teams, and similar calls you participate in without informing others.
What is the penalty for illegally recording a phone call in North Dakota?
Illegal interception is a Class C felony punishable by up to 5 years in prison and a $10,000 fine. Federal penalties under the Wiretap Act can also apply.
Can my [employer record](/can-an-employer-record-conversations-without-consent) my work phone calls in North Dakota?
Yes. Under one-party consent, an employer can record work calls as long as at least one participant consents. Many employers announce recording as a best practice.
Sources and References
- N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
- FCC Recording Guide(fcc.gov).gov
- ND Sentencing(ndlegis.gov).gov
- 18 U.S.C. § 2511 - Federal Wiretap Act(law.cornell.edu)
- 18 U.S.C. § 2520 - Federal Civil Recovery for Wiretap Violations(law.cornell.edu)