Can you record a phone call in Washington?
Everyone on the call must agree before you record it. Under Washington's privacy act, a clear announcement to all parties counts as consent, as long as the announcement itself is recorded.
- Phone calls
- Washington's privacy act (RCW 9.73.030) bans recording a private phone call or other private electronic communication without the consent of all participants. It binds individuals, companies and the state, for calls between points inside or outside Washington. Only one party's consent is needed for emergency reports, threats or extortion, anonymous or repeated calls, calls at an extremely inconvenient hour, and hostage situations.
- Business calls
- Start each call with a clear statement that it is being recorded, make sure every party hears it, and keep it on the recording. The law binds companies too. Recordings made without consent generally cannot be used as evidence in Washington courts (RCW 9.73.050). There is no general consumer privacy law, but the My Health My Data Act covers consumer health data.
- What counts as consent
- Consent can be given outright, or through an announcement made to all parties in any reasonably effective way and recorded with the call. Courts treat someone who knows a recording is under way as having consented (State v. Townsend, 2002).
- Penalties
- Gross misdemeanor: up to 364 days in jail, a fine up to $5,000, or both. Victims can sue for actual damages, including mental suffering, or $100 a day up to $1,000, plus legal fees.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- In-person private conversations follow the same all-party rule. Courts weigh the setting and whether others were present; talk in public or with a third party present is usually not private (State v. Clark, 1996).
- Whether a business call counts as private is decided case by case. The safe course is to treat every call as private and announce the recording.
- The section was last amended in 2021; the all-party consent rule itself is unchanged.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- RCW 9.73.030, intercepting or recording private communications (Washington State Legislature)statute
- RCW 9.73.080, penalties (Washington State Legislature)statute
- RCW 9A.20.021, maximum sentences (Washington State Legislature)statute
- RCW 9.73.060, civil action for damages (Washington State Legislature)statute
- Reporters Committee for Freedom of the Press: Washington recording guideguide
Other states
More free tools
Questions
Is Washington a one-party consent state?
No. Everyone on the call must agree before you record it. Under Washington's privacy act, a clear announcement to all parties counts as consent, as long as the announcement itself is recorded.
Can a business record calls in Washington?
Start each call with a clear statement that it is being recorded, make sure every party hears it, and keep it on the recording. The law binds companies too. Recordings made without consent generally cannot be used as evidence in Washington courts (RCW 9.73.050). There is no general consumer privacy law, but the My Health My Data Act covers consumer health data.
What counts as consent in Washington?
Consent can be given outright, or through an announcement made to all parties in any reasonably effective way and recorded with the call. Courts treat someone who knows a recording is under way as having consented (State v. Townsend, 2002).
What happens if you record a call illegally in Washington?
Gross misdemeanor: up to 364 days in jail, a fine up to $5,000, or both. Victims can sue for actual damages, including mental suffering, or $100 a day up to $1,000, plus legal fees.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
