Can I legally record a phone call or conversation in Michigan?
Michigan's eavesdropping statute has historically been read as requiring all-party consent on its face, but appellate decisions have settled on a one-party (party-can-record) rule.
1. Consent Rule
Mich. Comp. Laws § 750.539c prohibits a person from willfully using a device to "eavesdrop upon a conversation without the consent of all parties thereto." In Sullivan v. Gray, 117 Mich. App. 476 (1982), and federal decisions, courts have held the term "eavesdrop" implies surreptitious overhearing by a third party — a participant in the conversation may record. Treat Michigan as a one-party consent state for participant recordings; non-participant recording requires all-party consent.
2. Federal Overlay
Federal Wiretap Act 18 U.S.C. § 2511 allows one-party consent. Michigan's participant-recording rule is consistent.
3. In-Person vs Electronic
Same rule. "Private conversation" under § 750.539a includes both in-person and telephone communications where parties have an expectation of privacy.
4. Cross-Border Calls
A Michigander recording a Pennsylvania, Florida, or California resident can face civil liability under that state's stricter law. Michigan's permissive rule does not insulate cross-border recording.
5. Criminal Penalties
Eavesdropping under § 750.539c is a felony — up to 2 years prison and/or $2,000 fine. Divulging eavesdropped information (§ 750.539e) is also a felony.
6. Civil Liability
Mich. Comp. Laws § 750.539h provides actual damages, punitive damages, and injunctive relief for any person whose private conversation was eavesdropped upon. Federal § 2520 provides $10,000 or $100/day plus fees.
7. Exceptions
Participant recording (one-party consent); law enforcement under court order; police "trapping" by consent of subscriber; FCC and provider monitoring; emergency exceptions.
8. Video / Surveillance
Mich. Comp. Laws § 750.539j (installing/using a device to observe a person in a private place without consent) is a 2-year felony.
This is legal information, not legal advice.
- Non-participant recording charged as felony eavesdropping under § 750.539c
- Recorded interstate call with party in California, Florida, or Pennsylvania
- Recording used as evidence in Michigan divorce, custody, or PPO proceeding
- Mich. Comp. Laws § 750.539a
- Mich. Comp. Laws § 750.539c
- Mich. Comp. Laws § 750.539e
- Mich. Comp. Laws § 750.539h
- Mich. Comp. Laws § 750.539j
- 18 U.S.C. § 2511
- 18 U.S.C. § 2520
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.