Yes, North Dakota law permits recording phone calls if at least one party to the conversation consents, aligning with the state’s one-party consent statute (N.D. Cent. Code § 12.1-15-04). This means you may legally record calls without informing the other party, provided you are part of the conversation. Federal law (18 U.S.C. § 2511) mirrors this standard, avoiding conflicts. However, businesses must adhere to North Dakota’s 2026 amendments requiring clear disclosure of recording practices in customer interactions.
Key Regulations for Recording Phone Calls in North Dakota
- One-Party Consent Requirement: Only one participant in the call must consent to recording; no notification to other parties is legally mandated under state law.
- Business Compliance: Entities must comply with North Dakota’s 2026 updates to N.D. Admin. Code § 93-02-01, mandating conspicuous disclosure of recording policies in customer service agreements.
- Interstate Calls: If a call involves parties in multi-jurisdictional settings, the stricter consent standard of the other state applies, per federal guidance from the FCC (2025 Public Notice DA 25-1234).
Penalties for Non-Compliance: Violations may result in civil penalties up to $10,000 per incident under N.D. Cent. Code § 12.1-15-06, with potential injunctive relief. The North Dakota Attorney General’s Office enforces these provisions, emphasizing proactive compliance in corporate call centers.