Washington call recording law
Is Washington a one-party consent state?
All-party consent
No. Washington is an all-party consent state. Recording a private phone call requires first obtaining the consent of all participants, and the same rule covers private in-person conversations (RCW 9.73.030). Consent counts as obtained when one party announces to all others that the call is about to be recorded and the announcement is recorded too.
Last checked October 13, 2026 · 23 quoted facts from official pages
Washington at a glance
- Phone calls
- All-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Recording a private call without the consent of all participants is a gross misdemeanor (RCW 9.73.080).
- Lawsuits
- A person injured in their business, person or reputation may sue for actual damages (including mental pain and suffering) or liquidated damages of $100 per day of violation, capped at $1,000, plus a reasonable attorney's fee and other litigation costs.
- Calls across state lines
- An official source addresses them (see below)
- Last checked
- October 13, 2026
The law
- RCW 9.73.030 (intercepting or recording private communication; consent required; announcement rule) (official source, opens in a new tab)
- RCW 9.73.050 (admissibility of intercepted communication) (official source, opens in a new tab)
- RCW 9.73.060 (civil action; damages) (official source, opens in a new tab)
- RCW 9.73.080 (penalties) (official source, opens in a new tab)
- RCW 9.92.020 (punishment of gross misdemeanor when not fixed by statute) (official source, opens in a new tab)
Penalties
- Criminal
- Recording a private call without the consent of all participants is a gross misdemeanor (RCW 9.73.080). The general punishment for a gross misdemeanor with no punishment set by statute is up to 364 days in county jail, a fine of up to $5,000, or both (RCW 9.92.020).
- Civil (lawsuits)
- A person injured in their business, person or reputation may sue for actual damages (including mental pain and suffering) or liquidated damages of $100 per day of violation, capped at $1,000, plus a reasonable attorney's fee and other litigation costs.
In-person conversations
The same all-party rule applies to private in-person conversations (RCW 9.73.030).
Calls across state lines
Washington’s law covers private telephone communications “between points within or without the state” (RCW 9.73.030). Quoting Washington Supreme Court decisions, the Nevada Supreme Court describes Washington’s rule that a recording occurs where it is made and that its lawfulness is decided under the laws of the place of the recording.
What this means for a business that records calls
The prohibition applies to any individual, partnership, corporation or association (RCW 9.73.030). Calls that report an emergency, convey threats or unlawful demands, or occur anonymously, repeatedly or at an extremely inconvenient hour may be recorded with the consent of one party. Information obtained in violation of the law is inadmissible in Washington courts, with narrow exceptions (RCW 9.73.050).
Notices and warnings: Washington considers consent obtained when one party announces to all other parties, in any reasonably effective manner, that the call is about to be recorded; if the call is recorded, the announcement is recorded too (RCW 9.73.030).
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Washington's law is a question for a lawyer licensed in Washington.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
The prohibition applies to individuals and businesses, including corporations and associations.
“it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Recording a private telephone communication requires the consent of all participants.
“Private communication transmitted by telephone ... without first obtaining the consent of all the participants in the communication;”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
The statute covers communications between points within or outside Washington.
“between points within or without the state”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
In-person private conversations follow the same all-party rule.
“Private conversation ... without first obtaining the consent of all the persons engaged in the conversation.”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Consent is deemed obtained when one party announces to all others, in a reasonably effective manner...
“consent shall be considered obtained whenever one party has announced to all other parties ... in any reasonably effective manner”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
...that the communication is about to be recorded or transmitted.
“that such communication or conversation is about to be recorded or transmitted”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
If the conversation is recorded, the announcement must also be recorded.
“if the conversation is to be recorded that said announcement shall also be recorded.”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Certain categories of calls may be recorded with the consent of one party.
“may be recorded with the consent of one party to the conversation.”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Show 15 more facts
One-party exception: emergency calls.
“of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
One-party exception: calls conveying threats or unlawful demands.
“which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
One-party exception: anonymous, repeated or extremely inconvenient-hour calls.
“which occur anonymously or repeatedly or at an extremely inconvenient hour”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Violating RCW 9.73.030 is a gross misdemeanor.
“any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
The general punishment applies to gross misdemeanors with no punishment fixed by statute.
“Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Gross misdemeanor jail term: up to 364 days.
“imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Gross misdemeanor fine: up to $5,000, or both jail and fine.
“or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
A violator is subject to a civil damages action by an injured person.
“shall be subject to legal action for damages, to be brought by any other person claiming that a violation”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
The injury may be to the person's business, person or reputation.
“has injured his or her business, his or her person, or his or her reputation.”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Actual damages include mental pain and suffering.
“actual damages, including mental pain and suffering endured by him or her on account of violation”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Alternatively, liquidated damages of $100 per day, capped at $1,000.
“liquidated damages computed at the rate of one hundred dollars a day for each day of violation, not to exceed one thousand dollars”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Attorney's fees and litigation costs are recoverable.
“and a reasonable attorney's fee and other costs of litigation.”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Information obtained in violation is inadmissible in Washington courts (with narrow exceptions).
“Any information obtained in violation of RCW 9.73.030 ... shall be inadmissible in any civil or criminal case in all courts”
Source: app.leg.wa.gov (official source, opens in a new tab) · read October 13, 2026
Washington Supreme Court rule, as quoted by the Nevada Supreme Court: lawfulness is judged under the law of the place of recording.
“[T]he test for whether a recording of a conversation or communication is lawful is determined under the laws of the place of the recording.”
Source: acis-api.nvcourts.gov (official source, opens in a new tab) · read October 13, 2026
Washington Supreme Court (Kadoranian, 1992), as quoted by the Nevada Supreme Court: recordings occur where made.
“recordings occur where made.”
Source: acis-api.nvcourts.gov (official source, opens in a new tab) · read October 13, 2026
Washington call recording questions
Is Washington a one-party consent state?
No. Washington is an all-party consent state. Recording a private phone call requires first obtaining the consent of all participants, and the same rule covers private in-person conversations (RCW 9.73.030). Consent counts as obtained when one party announces to all others that the call is about to be recorded and the announcement is recorded too.
What is the penalty for recording a call illegally in Washington?
Recording a private call without the consent of all participants is a gross misdemeanor (RCW 9.73.080). The general punishment for a gross misdemeanor with no punishment set by statute is up to 364 days in county jail, a fine of up to $5,000, or both (RCW 9.92.020).
What does Washington's law say about lawsuits over recorded calls?
A person injured in their business, person or reputation may sue for actual damages (including mental pain and suffering) or liquidated damages of $100 per day of violation, capped at $1,000, plus a reasonable attorney's fee and other litigation costs.
Does Washington use the same rule for in-person conversations?
The same all-party rule applies to private in-person conversations (RCW 9.73.030).
What about calls between Washington and another state?
Washington’s law covers private telephone communications “between points within or without the state” (RCW 9.73.030). Quoting Washington Supreme Court decisions, the Nevada Supreme Court describes Washington’s rule that a recording occurs where it is made and that its lawfulness is decided under the laws of the place of the recording.
What do Washington's sources say about businesses that record calls?
The prohibition applies to any individual, partnership, corporation or association (RCW 9.73.030). Calls that report an emergency, convey threats or unlawful demands, or occur anonymously, repeatedly or at an extremely inconvenient hour may be recorded with the consent of one party. Information obtained in violation of the law is inadmissible in Washington courts, with narrow exceptions (RCW 9.73.050).