Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Washington

Short answer: No. Washington is an all-party (often called “two-party”) consent state. Under Wash. Rev. Code § 9.73.030, everyone on a private call must consent before it is recorded. A clearly announced recording at the start of the call counts as consent under the announcement exception.

Plain-English summary

Washington is an all-party-consent state. Wash. Rev. Code § 9.73.030 prohibits recording any “private communication” without the consent of all participants. The Washington Supreme Court has read “private communication” broadly, including any conversation a reasonable person would expect not to be recorded.

Section 9.73.030(3) provides that consent may be obtained by “any one party announcing to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded” — if no one objects and the recording continues, consent is treated as given. The standard customer-service preamble satisfies this rule. State v. Townsend, 147 Wn.2d 666 (2002), and Kadoranian v. Bellingham Police Dept., 119 Wn.2d 178 (1992), interpret the scope of § 9.73.030.

Case law of note

No appellate decision in Washington has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same — all-party for private communications
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Washington appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Gross misdemeanor; § 9.73.080.

Civil: Yes — § 9.73.060 provides $100 per day statutory damages and actual damages.

Evidence: a recording made in violation of the Washington statute is generally inadmissible in Washington proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for Washington

Frequently asked questions

Is Washington a one-party consent state?

No. Washington is an all-party (often called “two-party”) consent state. Under Wash. Rev. Code § 9.73.030, everyone on a private call must consent before it is recorded. A clearly announced recording at the start of the call counts as consent under the announcement exception.

Can I record a phone call in Washington without the other person knowing?

No. In Washington you need the consent of everyone on the call. The simplest method is to announce the recording at the start of the call and get a verbal yes on the recording; if someone objects, stop recording.

Does the same rule apply to in-person conversations in Washington?

Yes. Washington applies the same all-party rule to in-person conversations. For private communications.

What is the penalty for illegally recording a call in Washington?

Criminal: Gross misdemeanor; § 9.73.080. Civil: Yes — § 9.73.060 provides $100 per day statutory damages and actual damages.

Can a phone recording be used as evidence in Washington?

A recording made in violation of Washington law is generally inadmissible in Washington proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.