Is One-Party Consent Recording Legal in Michigan After the 2026 Law Changes?

Yes, Michigan permits one-party consent recording under its penal code, aligning with federal wiretapping statutes. State law (MCL 750.539c) allows individuals to record conversations where at least one participant consents, provided no reasonable expectation of privacy exists. The Michigan Attorney General’s 2024 advisory reaffirmed this stance, though local courts scrutinize recordings in sensitive contexts like healthcare or employment disputes. Violations may trigger civil penalties under MCL 600.1455.

  • Expectation of Privacy: Recordings in private settings (e.g., bathrooms, medical offices) violate Michigan’s wiretapping law, even with one-party consent.
  • Interstate Calls: Michigan’s law applies if the recording occurs within state borders; federal law governs calls crossing state lines.
  • Third-Party Liability: Distributing or publishing illegally obtained recordings may result in tort claims under MCL 600.2911.

Local enforcement prioritizes cases involving harassment or fraud, per the Michigan State Police’s 2025 operational guidelines. Employers must adhere to the Michigan Workplace Privacy Act (MCL 445.921), which restricts recording in non-public work areas. Non-compliance risks fines up to $1,000 per violation.