Michigan recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
Michigan law uses the same rule for recording in-person conversations and phone calls.
- In person: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2).
- Phone calls: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2).
In-person conversations: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2)
A person who is present or not present during a private conversation commits a felony by wilfully using any device to eavesdrop upon the conversation without the consent of all parties, or by knowingly aiding, employing or procuring another person to do so.
Any person who is present or who is not present during a private conversation and who wilfully uses any device to eavesdrop upon the conversation without the consent of all parties thereto, or who knowingly aids, employs or procures another person to do the same in violation of this section, is guilty of a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000.00, or both.
Phone calls: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2)
Under Michigan law, a person who is present or not present during a private conversation commits a felony by willfully using any device to eavesdrop on the conversation without the consent of all parties, or by knowingly aiding, employing, or procuring another to do so.
The same statute text quoted above applies (Mich. Comp. Laws § 750.539c).
Definitions the rules rely on
“eavesdrop”
Under the section, "eavesdrop" or "eavesdropping" means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.
(2) "Eavesdrop" or "eavesdropping" means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2). Whether a particular conversation meets that condition depends on its circumstances.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2). Whether a particular conversation meets that condition depends on its circumstances.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: Depends: All-party consent to eavesdrop on a private conversation, where eavesdropping means recording the private discourse of others, as defined in § 750.539a(2). Whether a particular conversation meets that condition depends on its circumstances.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes Michigan law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app