Legal Question in Criminal Law in Michigan

Recording laws in Michigan

I'm trying to determine whether I can legally record a conversation with a gentleman who owes me a substantial amount of money (he openly acknowledges in conversations with me that he does owe me the money), but I have no written proof that he does. We are both residents of the State of Michigan. I would like to record our phone conversation to possibly use in a court case against him. I have read conflicting information on the recording laws in the State of Michigan. Most websites I have read state that in Michigan both parties must be informed that the call is being recorded, but the information here hints that this may not be the case: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=470006353

Can you please help me and let me know if I can safely record a face to face and or phone conversation with this person in the State of Michigan.


Asked on 8/20/06, 4:45 pm

2 Answers from Attorneys

Re: Recording laws in Michigan

I don't think there's any HINTING going on in the web site that you've looked at. That advice is pretty straight forward. I'm not certain that the advice takes the Federal law into consideration though.

If you want good legal advice, hire a lawyer. If you want good collection work, hire a collection lawyer.

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Answered on 8/20/06, 5:36 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Recording laws in Michigan

I posted the original answer that you cited in your question. Aside from the typos, I stand by it. However, I am not vouching for the status of applicable Federal law, as noted by the first attorney who replied to your question.

Michigan is not a "notice state" to the extent that all persons involved in a conversation have to know that they are being recorded. The key thing in Michigan is that at least one participant to the conversation has to know of the recording and approve of it. But we do not require that everyone be told that they are being recorded. So, if you want to record all the calls or conversations you participate in, you may, and do not have to tell the other people.

What is illegal under Michigan law is "non-participant monitoring" - - ie, eavesdropping. You cannot legally record conversations where you are not a party to the conversation, or a participant has not ok'd your recording activities in advance; likewise, you cannot set up a system that blanketly records all calls on your home phone, whether you are participating in the call or not; etc.

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Answered on 8/21/06, 12:01 pm


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