Conduct, which under other conditions would be extreme and outrageous, is permissible, when the person has done no more than exercise legal rights in a permissible way, even though well aware that such action is certain to cause emotional distress.
Restatement (Second) of Torts sec. 46, comment g
Security Nat'l. Bank, Edgeley v. Wald, 536 N.W.2d 924, 927 (N.D. 1995)