North Dakota Phone Recording Laws: One-Party Consent

Is North Dakota a one-party or two-party consent state?

North Dakota is one-party, not two-party. A "party" is a person on the call or in the conversation. Recording your own call for a lawful reason is allowed. The law treats consent as a defense, so if you were charged, you'd raise it.

N.D.C.C. § 12.1-15-02 makes it a felony if a person "Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device." Then it says "It is a defense to a prosecution" if two things are true:

1. "The actor was a party to the communication or one of the parties to the communication had given prior consent to such interception."
2. "Such communication was not intercepted for the purpose of committing a crime or other unlawful harm."

So being on the call isn't enough if your purpose is a crime or other unlawful harm.

In-person talks. The law protects a talk only where the speaker shows "an expectation that such communication is not subject to interception under circumstances justifying such expectation." A whispered talk in a closed office fits that test better than a shout across a parking lot.

Cell calls. It's unclear if the phone rule covers cell calls, so follow the one-party rule on every call. The Reporters Committee reads the rule as landlines only, and says no court has ruled.

A car dealer's price vs. a coworker's desk:

• Fine: You record your own call with a car dealer, so you can check the price he quoted. You're a party, and you aren't trying to harm him.
• Not fine: You leave a recorder on a coworker's desk to catch her private phone calls, and no one on those calls agreed. You'd have no consent defense.

Penalties for illegal recording in North Dakota

	What the law says
The crime	A felony, with up to 5 years in prison. North Dakota calls it class C
Fine	Up to $10,000, alone or with prison
Organization fine	Up to $50,000

Can you sue under North Dakota's recording law? It has no section on suits, and the Reporters Committee says it doesn't authorize them. Other kinds of claims aren't ruled out.

Federal law does let you sue. A court may award at least $10,000. More if $100 a day, or actual losses plus the violator's profits, comes to more. You have two years from your first reasonable chance to discover the violation.

Can a business record your call in North Dakota?

If you run a business: announce the recording. North Dakota doesn't require it when you're on the call, but the law where the other person is may require consent.

A business on the call is a party, so the defense is open to it unless the purpose is a crime or other unlawful harm. We found no special rule for customer calls in the state's law.

If you're the customer: does staying on the line after a notice count as agreeing? North Dakota's law doesn't say. Under federal law it can, based on what you knew. A federal appeals court found consent after repeated warnings. Another warned against assuming consent too easily. So hang up if you don't want to be recorded.

What if the other person is in another state?

A call doesn't stop at the state line. If yours reaches someone in California, that state needs every party's consent. Its top court has applied that rule to an out-of-state business.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. Tell the other person up front. California's top court said a business's notice at the start meets California's rule.

Running a call center or sales team in North Dakota?

Our advice: announce the recording at the very start of every call, inbound and outbound. North Dakota's own rule may not require it, but the law where the other person is may require consent, and this covers them without working out where each one is.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in North Dakota

People in North Dakota filed 3,127 fraud reports with the FTC in 2024 and reported about $14.4 million lost, with a median loss of $479. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in North Dakota?

A person on the call can generally record it in North Dakota, unless the recording is meant to commit a crime or wrong someone. If the caller is in a stricter state, that state's rule may apply too.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the North Dakota Attorney General, Consumer Protection and Antitrust Division, (701) 328-3404. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in North Dakota

CallTutor's analysis of 291 calls from North Dakota area codes, August through October 2026, found a credit card number read out loud on 15.8% of them, a small sample, compared with 21.1% across all states in our data.

These are calls to companies that take payments by phone, so that isn't every call in North Dakota. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

North Dakota recording law FAQ

Is North Dakota a one-party consent state?

Yes. You have a defense in North Dakota if you're on the call or one person on it gave prior consent, and the purpose isn't a crime or other unlawful harm.

Is North Dakota a two-party consent state?

No. One person's consent is enough in North Dakota, and that person can be you.

In North Dakota, can someone record me without telling me?

Yes, if they're in the conversation or someone in it agreed, and they aren't doing it to commit a crime or other unlawful harm.

Can I sue under North Dakota's recording law?

It has no section on suits. Federal law allows a suit over an illegal North Dakota recording, and a court may award damages.

Is recording someone's call a felony in North Dakota?

It can be. Recording a call you aren't on, with no consent from anyone on it, is a felony with up to 5 years in prison.

Recording laws in nearby states

• Minnesota phone recording laws (one-party)
• Montana phone recording laws (two-party)
• South Dakota phone recording laws (one-party)

See all one-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.