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North Carolina Recording Laws

North Carolina Recording Law Summary:North Carolina Recording Laws

North Carolina recording law stipulates that it is a one-party consent state. In North Carolina, it is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Carolina, you are legally allowed to record a conversation with prior consent from one of the involved parties. N.C. Gen. Stat. Ann. § 15A-287 (West 2012).

A North Carolina appellate court determined that implied consent to a recording is established once a party is told they are being recorded and remains a part of the conversation regardless. North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).

Personal Conversations:

You may not record or share conversations without the consent of at least one party.

However, North Carolina law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. N.C. Gen. Stat. Ann. § 15A-286.

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

  • Getting verbal or written consent prior to the recording being made.
  • A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
  • An audible beep tone being repeated at steady intervals during the duration of the conversation.

Penalties:

N.C. Gen. Stat. Ann. § 15A-287: The interception of communications in violation of North Carolina law is considered a felony.