State recording law reference
Washington call recording laws
Private telephone communications generally require consent from every participant. Section 9.73.030(3) deems consent obtained when one party makes a reasonably effective recording announcement to all others; the announcement must also be recorded.
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Washington: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
Ask every participant for consent
Who must agree
The statute covers private communications, including telephone calls within or outside the state. Recorded effective notice is an express route to statutory consent. This differs from rules that require a separate affirmative agreement in every case.
Official source: Privacy: intercepting and recording private communications, RCW 9.73.030(1)–(4), 9.73.060, 9.73.080.
Exceptions and penalties
- Exceptions and limits
- Section 9.73.030(2) permits one-party recording for specified emergency, threatening, anonymous, repeated, inconvenient-hour, hostage or barricade communications. Section (4) has a specific news-gathering rule. These are limited statutory exceptions.
- Penalties and remedies
- A violation of RCW 9.73.030 is generally a gross misdemeanor under RCW 9.73.080. RCW 9.73.060 permits actual damages or the specified liquidated damages, attorney fees and litigation costs. Numeric criminal sentence and fine ranges are not asserted.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Washington and another state
For an interstate call involving Washington, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
Washington sources and review notes
- RCW 9.73.030(1)–(4), 9.73.060, 9.73.080
- Civil action: RCW 9.73.060
- Penalties: RCW 9.73.080
- Reporters Committee discovery guide
Reviewed the official Washington Legislature text for all three sections. No judicial consent or privacy interpretation is asserted.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in Washington?
Private telephone communications generally require consent from every participant. Section 9.73.030(3) deems consent obtained when one party makes a reasonably effective recording announcement to all others; the announcement must also be recorded.
What is the safest recording consent practice in Washington?
Get every participant's consent before recording. The statute covers private communications, including telephone calls within or outside the state. Recorded effective notice is an express route to statutory consent. This differs from rules that require a separate affirmative agreement in every case.
Which statute covers call recording in Washington?
Privacy: intercepting and recording private communications, RCW 9.73.030(1)–(4), 9.73.060, 9.73.080.
What if a Washington call crosses state lines?
For an interstate call involving Washington, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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