Q: We would like to possible pursue a case against a customer pursuant to Michigan’s eavesdropping statute
We are a small business in Colorado, who had a customer record our conversation without consent . We would like to possible pursue a case against this customer pursuant to Michigan’s eavesdropping statute prohibits recording in-person and telephone conversations without consent from all parties, though one court has interpreted it as requiring consent from only one party. Violations are considered a felony, and carry potential fines, imprisonment, and civil damages. MI Comp L § 750.539c (definition & penalty), 750.539h (civil damages), Sullivan v. Gray, 117 Mich. App. 476 (1982)
A: If you're looking for criminal charges, contact the police. If you're looking for civil damages, they problem will be what damage you've sustained? Did they just record the conversation for their own purposes? Have they posted it on a blog or something and it's affected your business?
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