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Introduction

State-by-state guide

Audio-recording laws at a glance

Consent and its limits

Interstate phone calls

Possession and publication

The FCC’s role

Cellular & cordless calls

Citations to cases


State-by-State Recording law Summaries

By: SpytecInc.com

(Updated July. 4, 2010, 10:30 a.m. EST ) Posted in Resources Center

Today's Date:

North Carolina

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).

Each State Recording laws

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming