North Dakota Call Recording Laws: One-Party Consent

North Dakota is a one-party consent state: you may record a phone call or conversation you are part of, or one where a participant has given prior consent, unless the recording is for a criminal or tortious purpose. Intercepting a call without any party's consent is a felony.

For North Dakota businesses, recording your own calls is lawful. Neighboring Montana, where everyone must know about a recording, is the main reason to add a notice.

This is general information, not legal advice.

North Dakota recording law at a glance

Question	Answer in North Dakota
Consent rule	One party
Main statute	N.D.C.C. § 12.1-15-02
Can a participant record without telling others?	Yes, unless for a criminal or tortious purpose
Criminal penalty	Felony
Secret loitering to overhear and publish	Misdemeanor
Civil remedy in the statute	None (federal remedy available)

What the statute says

N.D.C.C. § 12.1-15-02, part of the state's Criminal Code chapter on interception of communications, makes it a crime to intentionally intercept any wire or oral communication by use of an electronic, mechanical or other device, and to intentionally disclose or use the contents of a communication knowing it was obtained that way.

The statute then excludes interception by a person acting under color of law who is a party or has a party's consent, and by a private person who is a party to the communication or has the prior consent of a party, unless the communication is intercepted for the purpose of committing a crime or tort. According to the Reporters Committee for Freedom of the Press (RCFP), that makes North Dakota one-party for in-person and landline telephone conversations.

Wireless calls

The RCFP notes that, based on North Dakota's definition of "communications," it is arguable that the statute does not reach cellphone or other wireless calls, and courts have not clarified the point. Businesses should not rely on that gap. Treat all calls as covered, and remember that the federal Wiretap Act, which is also one-party, covers wireless calls.

In-person conversations

Oral communications are protected when uttered by a person "exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation." A participant may record. Public conversations, with no such expectation, are not protected.

Secret loitering

North Dakota keeps an older offense in the same section: secretly loitering around any building with intent to overhear discourse or conversation and to repeat or publish it "with intent to vex, annoy, or injure others" is a misdemeanor, according to the RCFP. It is a reminder that what you do with what you hear can be an offense too.

Penalties

Violation	Classification (per RCFP)
Intercepting a wire or oral communication without a party's consent	Felony
Disclosing or using illegally intercepted contents	Felony
Secret loitering to overhear and publish to vex, annoy or injure	Misdemeanor
Entering property to record a person exposing intimate parts (§ 12.1-20-12.2)	Misdemeanor

Civil liability

The RCFP reports that the state statute does not authorize civil lawsuits. The federal Wiretap Act does: 18 U.S.C. § 2520 allows civil actions for interceptions that violate federal law, with statutory damages of the greater of $100 a day or $10,000. Federal law is also one-party consent, so a participant's recording for a legitimate purpose is generally lawful federally too.

Recording and the federal overlay

Because North Dakota's statute has no civil remedy and leaves wireless calls unsettled, federal law does a lot of work here. The federal Wiretap Act covers wire, oral and electronic communications, including cellphone calls and texts, and applies the same one-party rule: a party may record, or a non-party with a party's consent, unless the purpose is criminal or tortious. Anyone whose communication is unlawfully intercepted can sue under 18 U.S.C. § 2520. For North Dakota businesses, that means the practical rule is the same on every kind of call: record only calls you are part of, and do it for a legitimate reason.

Calls between North Dakota and neighboring states

Neighbor	Rule for phone calls
Minnesota	One-party
South Dakota	One-party
Montana	All parties must know, unless warned

Western North Dakota's energy economy runs across the Montana line. Montana makes it an offense to record a conversation with a hidden device without the knowledge of all parties, but exempts people given warning of the recording. A notice at the start of the call satisfies Montana. Read interstate call recording consent and see the state-by-state table.

Three North Dakota scenarios

A Fargo agricultural lender records loan calls with a greeting notice. The lender is a party, and callers in Minnesota or Montana hear the notice.

A Williston oilfield services company secretly records a dispatch call with a crew in Sidney, Montana. North Dakota allows it. Montana requires that all parties know, unless warned. Give the warning.

A Bismarck business owner sets a phone to record in a conference room after leaving a meeting. The owner is no longer a party, and no participant consented. That is a felony interception.

What this means for North Dakota businesses

Energy and oilfield services

Dispatch, safety and contract calls are often recorded. Crews and customers move between North Dakota and Montana. Use an announcement on every recorded call.

Agriculture and lending

Recorded calls about contracts and loans resolve disputes. Record openly and keep originals intact.

Healthcare

Recordings with patient information need access controls and a retention schedule.

Employees

A signed recording and monitoring policy documents consent on your side.

Questions to ask before recording

Before a North Dakota business records a call, three questions settle almost every case. Is someone from the business a party to the call? If not, has a party consented in advance? Is the purpose legitimate, such as documentation or training, rather than to commit a crime or tort? If the answers are yes, yes or not needed, and yes, the recording fits § 12.1-15-02. Then add a notice for callers in Montana and other states that expect one.

North Dakota recording checklist

• Recording notice at the start of recorded inbound calls
• Spoken notice on outbound recorded calls, especially to Montana
• Signed employee recording and monitoring policy
• No recording of calls or meetings you are not part of
• Recordings made for legitimate business purposes only
• Callers who object are not recorded
• Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in North Dakota with Callata

With recording turned on, Callata plays "This call may be recorded." to both sides as the call connects, inbound and outbound, which gives Montana callers the warning their law expects. Recordings are transcribed and summarized with sentiment and action items on the contact's history. Callata's terms keep consent-law compliance with you. Callata Office is $99 a month with five users included, and each additional user is $20 a month; recording comes with the plan. Sign up.