Recording Telephone Call Does Not Require Consent in Certain Circumstances
It is permissible to record a telephone conversation with another individual without that individual’s consent under Michigan’s eavesdropping statute. So said the 6th U.S. Circuit Court of Appeals in an unpublished decision.
The underlying litigation involved two siblings battling over their late mother’s estate. One of those siblings attempted to use telephone recordings she made of conversations with her other siblings. The recording was made without telling any of the other siblings on the telephone call that they were being recorded. The Appellate Court addressed whether the applicable statute provides for liability against conversation participants who make recordings without consent. The Federal District Court had previously held that, under Michigan law, a participant does not need to obtain consent to record other participants to a telephone conversation. The Appellate Court agreed and affirmed. Therefore, the Plaintiffs had no claim against the sibling who recorded their telephone calls.
Click on the link to read the entire case in Fisher v Perron.
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