North Carolina has “one party consent” law with regard to wiretapping or recording phone conversations. In summary, the statute, N.C. Gen. Stat. Ann 15A – 287 states that one of the parties to either an in-person conversation or electronic communication can lawfully record it or disclose its contents. It therefore implies that without the consent of either party to the conversation, it would be a criminal offense to have the conversation recorded.
In-person conversation refers to when the person intending to record the conversation is a party to it. According to this law, a journalist doesn’t need permission to record his conversation with whoever they are talking to if there is no reasonable expectation of privacy.
With regards to electronic communications, the statute requires the consent of just a single party. Electronic communication is defined by the statute as “any transfer of signs, signals, writings, images, sound, data or intelligence of any nature.”Also just the consent of a single party is needed to disclose the contents of such recordings.
Penalties for recording calls illegally in North Carolina
Violating the provisions of the wiretapping statute in North Carolina can lead to criminal prosecution and expose the offenders to civil lawsuit by the offended party. If found guilty, you may be subjected to damages of up to $100 for every day of violation or $1000 including other punitive damages such as attorney fees and litigation fees.
How to record calls in North Carolina
Since the law is not explicit on the particular gadgets to be used in lawful recording of phone calls, it is entirely up to you to choose. Secure Speak is one of the easiest ways to get crystal clear recordings. With it comes a number that you 3-way into any call. Whatever that line hears gets recorded. Once the call conversation is over, the recording will be directly mailed to your email address. You can start today with Secure Speak with a 14 day trial to record calls for free.
Secure Speak is not a licensed lawyer and any statements do not constitute legal advice. Contact a lawyer for information pertaining to your specific case, and reference North Carolina Stat. Ann 15A – 287 directly.