Q: Is it illegal to record a FaceTime call without consent in Michigan?

A: Under Michigan’s eavesdropping statute, a person can record their own conversations without obtaining the consent of all other participants.

This is sometimes called the “participant exception” to the eavesdropping statute.

Said a different way, a person in Michigan can record their own conversations with the consent of only one person: themselves.

Note that Michigan's eavesdropping law seems to suggest otherwise:

“Any person who is present or who is not present during a private conversation and who willfully 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… .” [MCL § 750.539c].

Michigan’s "participant exception" arises from an unassuming phrase – “the private discourse of others” – appearing in the statutory definition of the word eavesdropping, located in a separate section of the statute. MCL 750.539a(2). The Michigan Court of Appeals determined this reference to the conversations of others meant the eavesdropping statute could not apply to one’s own conversations. Sullivan v. Gray, 117 Mich. App. 476, 481, 324 N.W.2d 58, 60 (1982).

I hope that helps, and best of luck.

A: Under Michigan law, you are facing what is known as a one-party consent situation. Michigan's eavesdropping statute (MCL 750.539a-750.539f) generally permits recording of conversations when at least one party consents to the recording. Since your sister-in-law was a participant in the FaceTime call, she likely had legal authority to record the conversation without informing you or obtaining your permission.

The distribution of the recording, however, introduces additional legal considerations. While recording might be legal, sharing the recording with others could potentially violate privacy laws depending on the nature of your conversation and the context in which she's sharing it. If the content was highly personal or confidential, you might have grounds to argue an invasion of privacy, particularly if she's using it to damage your reputation.

Your best course of action may be to consult with a qualified Michigan attorney who can evaluate the specific details of your situation. While simply asking her to delete the recording is reasonable, you may need to send a formal cease and desist letter to prevent further distribution if you believe her actions are causing reputational harm. Document all instances where she has shared the recording and with whom, as this information could be valuable should legal intervention become necessary. Remember that digital evidence can be difficult to completely eliminate once shared, so addressing this promptly is advisable.