State recording law reference

Michigan call recording laws

Michigan’s statute uses all-party consent language for private conversations. The Michigan Court of Appeals excludes recording by a participant from its definition of eavesdropping. The all-party label is a conservative calling policy and does not describe an absolute ban on participant recording.

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Michigan: the rule and its scope

This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.

Michigan is highlighted.

Safest practice for this reference

Ask every participant for consent

Who must agree

Every participant agrees

Sullivan concerned a recorded telephone conversation and held that participant recording falls outside “private discourse of others.” Lewis v. LeGrow, 258 Mich. App. 175, 185 (2003), repeats that interpretation. Keep the participant exception visible when using an all-party classification.

Official source: Eavesdropping upon private conversation, Mich. Comp. Laws §§ 750.539a, 750.539c, 750.539h.

Exceptions and penalties

Exceptions and limits
Sullivan v. Gray, 117 Mich. App. 476, 481–482 (1982), permits a participant to record their own conversation under the eavesdropping statute. Sullivan also explains that a participant’s consent alone does not authorize a third party to eavesdrop.
Penalties and remedies
Unlawful eavesdropping can lead to felony charges and civil remedies. Current penalty amounts were not verified from the official statute.

These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.

Calling between Michigan and another state

For an interstate call involving Michigan, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.

For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.

Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.

This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.

A sample recording disclosure

With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?

Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.

Nearby or related states

These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.

Michigan sources and review notes

Needs verification: Reviewed the official Michigan Court of Appeals reports for Sullivan v. Gray and Lewis v. LeGrow. They support the participant-recording point. Current statutory penalty amounts still need confirmation from the official Michigan Legislature source.

Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.

Frequently asked questions

Is it legal to record a conversation in Michigan?

This reference provisionally classifies Michigan as all-party consent, but the current official rules still need verification before you rely on that classification.

What is the safest recording consent practice in Michigan?

Ask every participant for explicit consent while the cited rules receive further verification. Sullivan concerned a recorded telephone conversation and held that participant recording falls outside “private discourse of others.” Lewis v. LeGrow, 258 Mich. App. 175, 185 (2003), repeats that interpretation. Keep the participant exception visible when using an all-party classification.

Which statute covers call recording in Michigan?

Eavesdropping upon private conversation, Mich. Comp. Laws §§ 750.539a, 750.539c, 750.539h.

What if a Michigan call crosses state lines?

For an interstate call involving Michigan, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.

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