Michigan Phone Recording Laws: One or Two-Party?

Is Michigan a one-party or two-party consent state?

Many charts call Michigan two-party because of the statute's words. Michigan's appeals court reads those words more narrowly. So a plain yes or no would mislead you.

Two parts of the law pull against each other. MCL 750.539c bars using a device to eavesdrop on a private conversation "without the consent of all parties thereto," meaning everyone in it.

But MCL 750.539a(2) defines eavesdropping as recording "the private discourse of others." A person who's in the conversation isn't listening to "others." That's the argument the courts accepted.

What the courts have said:

• Michigan's appeals court lets a person on the call record. Sullivan v. Gray (1982), a phone case, held that the wording "unambiguously excludes participant recording from the definition of eavesdropping." Lewis v. LeGrow (2003) repeated it.
  • A federal appeals court agrees. Fisher v. Perron (2022) said "a participant does not violate Michigan's eavesdropping statute by recording a conversation without the consent of the other participants."
• Someone not on the call may not get this exception. A person who isn't in the conversation needs everyone's consent. A vendor that records calls for a business may count as an outsider. This isn't settled.

What's not settled:

• The Michigan Supreme Court hasn't ruled. The federal appeals court says the Michigan Supreme Court "has yet to determine" the question and declined in May 2021 to answer it. A federal court's view doesn't bind Michigan's courts, so a future state ruling could differ.
• The statute still says "all parties." One judge disagreed in the 1982 appeals case and read the law to reach people on the call. So recording in secret carries some risk.

In-person talks follow the same reading, with one catch. MCL 750.539d is a separate rule for a device in "any private place." In Lewis v. LeGrow, the state appeals court applied it to a hidden video camera in a bedroom. So that rule can reach someone in the conversation who places a device in a private place.

The careful move is to tell people you're recording and get their okay.

On the call or off it:

• Likely fine. You record your own call with a car dealer. Appeals court rulings allow that, though the state's top court could still decide otherwise.
• Not fine. You use an app to record a call between two other people, and neither of them agreed.

Penalties for illegal recording in Michigan

	What the law says
The crime	A felony, under MCL 750.539c
Prison	Up to 2 years in state prison
Fine	Up to $2,000, or prison and fine both
Repeat offense	This recording law sets no higher penalty
Who can sue	Anyone in a conversation that was eavesdropped on, under MCL 750.539h
Damages	All your actual losses, plus punitive damages set by the court or a jury. There's no fixed amount
Also	A court order stopping further eavesdropping. The section doesn't mention attorney's fees

Can a business record your call in Michigan?

Announce the recording at the start of the call and get consent. Michigan's rule for people on the call is still unsettled, and a separate vendor may not get that rule at all.

A business on the call can likely record its own calls, with the same doubt described above.

A vendor that records calls for a business may count as an outsider. This isn't settled. If the vendor is an outsider, the vendor needs everyone's consent.

One exception is written down. MCL 750.539g(c) lets a public utility record customer calls "requesting service or registering a complaint," if it needs the record for legitimate business purposes and its staff know about the practice.

What does "this call may be recorded" do here? It's unclear if those words, or staying on the line, count as consent in Michigan. Say "we record" instead, because it's a clearer warning. Ask for a clear okay. Federal courts can treat staying on the line as consent, as Griggs-Ryan v. Smith did after repeated warnings.

What if the other person is in another state?

Michigan's rule for people on the call may not protect you under another state's law. Take a call with someone in California. That state's Penal Code § 632 requires everyone's consent, and California's top court applied that rule to a business recording calls with Californians.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule.

Running a call center or sales team in Michigan?

Our advice: announce the recording at the very start of every call, inbound and outbound. Michigan's law pulls in different directions, so this is the simple way to stay out of the gray area.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Michigan

People in Michigan filed 53,351 fraud reports with the FTC in 2024 and reported about $204.0 million lost, with a median loss of $350. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Michigan?

Say you're recording first. Michigan's law isn't clear enough to rely on recording in secret.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Michigan Department of Attorney General, Consumer Protection. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Michigan

CallTutor's analysis of 5,748 calls from Michigan area codes, August through October 2026, found a credit card number read out loud on 21.7% of them, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Michigan. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Michigan recording law FAQ

Is Michigan a one-party consent state?

Probably yes, for someone on the call. Michigan appeals rulings allow it, but the statute says "all parties" and the state's top court hasn't ruled.

Is Michigan a two-party consent state?

Not for people on the call, under appeals rulings. Someone not on the call needs everyone's consent. Michigan's statute says "all parties," and its top court hasn't ruled, so if you're recording others on a call, don't rely on those rulings alone. Tell them first.

In Michigan, can someone record me without telling me?

Someone on the call likely can, under appeals rulings, though the top court hasn't ruled. Someone not on the call needs everyone's consent.

Can I record a call I'm on in Michigan?

Probably yes. Michigan's appeals court and a federal appeals court allow it. Telling the other person is the safer course, since the state's top court hasn't ruled.

Can a call center's vendor record Michigan calls?

This isn't settled in Michigan. A vendor that records calls for a business may count as an outsider, so get consent from everyone on the call.

Recording laws in nearby states

• Indiana phone recording laws (one-party)
• Ohio phone recording laws (one-party)
• Wisconsin phone recording laws (one-party)

See states where it depends, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.