Can you record a phone call in North Dakota?
One-party consent: you may record a call you take part in without telling the others. North Dakota's eavesdropping law gives a defense to any party to the call, unless the purpose is a crime or other unlawful harm.
- Phone calls
- North Dakota's eavesdropping law (N.D.C.C. 12.1-15-02) makes intentionally intercepting a wire or oral communication a class C felony. It is a defense that you were a party to the communication, or one party gave prior consent, and the purpose was not a crime or other unlawful harm. The statute covers wire calls; federal law (18 U.S.C. 2511(2)(d)) is one-party for other calls too.
- Business calls
- North Dakota law requires no announcement, but announce on calls with people in all-party states. North Dakota has no general consumer privacy law as of 2026; a 2025 bill did not advance. Its breach notice law (chapter 51-30) applies if certain personal data is exposed, with notice to the Attorney General when over 250 people are affected.
- What counts as consent
- Your own consent as a party is enough; no beep or announcement is required. Oral conversations are protected only when the speaker expects privacy and the circumstances justify it, so open talk in public can be recorded.
- Penalties
- A class C felony: up to 5 years in prison, a $10,000 fine, or both. Secretly loitering to overhear and repeat talk to vex or injure others is a class A misdemeanor. The statute creates no right to sue.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- Calling someone in an all-party state such as California? Their law may apply. California's Supreme Court applied its all-party rule to calls a broker recorded in Georgia (Kearney v. Salomon Smith Barney, 2006).
- The state statute covers wire calls and oral conversations; mobile and internet calls may fall outside it. No court has settled this, and federal one-party law applies either way.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- North Dakota Century Code chapter 12.1-15, Interception of communicationsstatute
- Reporters Committee for Freedom of the Press: North Dakota recording guideguide
- North Dakota Century Code chapter 12.1-32, Penalties and sentencing (12.1-32-01)statute
- RecordingLaw.com: North Dakota data privacy lawsguide
- Kearney v. Salomon Smith Barney, California Supreme Court (2006)court
Other states
More free tools
Questions
Is North Dakota a one-party consent state?
Yes. One-party consent: you may record a call you take part in without telling the others. North Dakota's eavesdropping law gives a defense to any party to the call, unless the purpose is a crime or other unlawful harm.
Can a business record calls in North Dakota?
North Dakota law requires no announcement, but announce on calls with people in all-party states. North Dakota has no general consumer privacy law as of 2026; a 2025 bill did not advance. Its breach notice law (chapter 51-30) applies if certain personal data is exposed, with notice to the Attorney General when over 250 people are affected.
What counts as consent in North Dakota?
Your own consent as a party is enough; no beep or announcement is required. Oral conversations are protected only when the speaker expects privacy and the circumstances justify it, so open talk in public can be recorded.
What happens if you record a call illegally in North Dakota?
A class C felony: up to 5 years in prison, a $10,000 fine, or both. Secretly loitering to overhear and repeat talk to vex or injure others is a class A misdemeanor. The statute creates no right to sue.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
