Without the consent of at least one party to the communication, it is a felony to willfully intercept, endeavor to intercept, or get any other person to intercept any wire, oral, or electronic communication or to use any device, which transmits by radio, wire, or cable, to do so. N.C. Gen. Stat. § 15A-287(a)(1).
In interpreting the meaning of “consent,” an appellate court determined that implied consent to interception occurs when one party is warned of monitoring and yet continues with the conversation. North Carolina v. Price, 170 N.C. App. 57 (N.C. App. 2005).
It is also illegal to willfully disclose or use the contents of any wire, oral, or electronic communication, knowing that the information was obtained unlawfully. N.C. Gen. Stat. § 15A-287(A)((3),(4).
“Electronic communication” does not include any communication from a tracking device. N.C. Gen. Stat. § 15A-286(8).
Any person whose wire, oral, or electronic communication has been intercepted, disclosed, or used has a civil cause of action against any person who intercepts or discloses the information. The violated party is entitled to recover actual damages (but not less than $100 per day or $1,000, whichever is higher), punitive damages, and reasonable attorney fees and litigation costs. N.C. Gen. Stat. § 15A-296(A).
No cause of action exists against a party who merely endeavors to intercept a communication. Kroh v. Kroh, 152 N.C. App. 347 (N.C. App. 2002).