Privacy · Recording Consent
Is It Legal to Record a Call in Washington?
Whether you can record a conversation in Washington, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Washington
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| Everyone must consent | No one may intercept or record a private communication or private conversation without first obtaining the consent of all the participants. There is no general "party to the conversation" exception, so your own participation buys you nothing. |
| Only private communications are covered | The statute reaches only a "private communication" or "private conversation." The Washington Supreme Court in State v. Kipp held a communication is private where a subjective expectation of privacy is objectively reasonable, weighing location and the presence of third parties. |
| A recorded announcement can create consent | Under RCW 9.73.030(3), consent is deemed given if one party announces, in any reasonably effective manner, that the conversation is about to be recorded, and that announcement is itself recorded. |
| Phone, in-person, and electronic are covered | RCW 9.73.030(1) reaches private communication by telephone or other device and private conversations, and courts have applied it to text and internet communications. Silent video without audio falls outside the chapter. |
| When it is different | What it means |
|---|---|
| Emergencies and threats | One party’s consent suffices under RCW 9.73.030(2) where the communication reports an emergency, conveys threats of extortion, blackmail, or bodily harm, occurs anonymously or repeatedly or at an extremely inconvenient hour, or involves a hostage holder or barricaded person. |
| News media and public devices | Under RCW 9.73.030(4), news-media employees gathering news are deemed to have consent where the recording device is readily apparent or obvious to the speakers, and later withdrawal of consent does not bar use. |
| Custodial interrogations | RCW 9.73.030(5) provides that the section does not apply to the recording of custodial interrogations under RCW 10.122.040. This carve-out was in the official text but surfaced in no mirror. |
What you can do right now
Concrete, neutral steps before you record a conversation in Washington. This is legal information, not legal advice.
- Get consent from everyone before recording
Washington is a strict all-party state. Ask every participant on the record before you start, because being on the call yourself is not an exception.
- Use the recorded announcement route
Under RCW 9.73.030(3) you can create consent by announcing the recording in any reasonably effective manner, but the announcement itself must be captured on the recording.
- Ask whether the conversation is even private
The chapter reaches only private communications. A conversation with no reasonable expectation of privacy, like a traffic stop in State v. Lewis, may fall outside RCW 9.73.030 entirely.
- Talk to a Washington attorney if you are accused
A gross misdemeanor and civil liability are both in play. A licensed Washington attorney can assess the "private communication" question, and the Washington State Attorney General’s Office handles statewide matters.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Washington State Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Washington
Washington is the strict outlier in this region, the only all-party consent state among its neighbors, and one of the toughest in the country. Under RCW 9.73.030(1) you may not record a private call or conversation without the consent of every participant, and being on the call yourself gives you no exception at all, which is exactly what separates a genuine all-party state from a one-party one. But the word "private" does enormous work. The statute reaches only a private communication or private conversation, and the Washington Supreme Court in State v. Kipp held that a communication is private where a subjective expectation of privacy is also objectively reasonable, while State v. Lewis held a traffic stop was not private. So "all-party consent" in Washington really means all-party consent for private conversations, and a plain answer that says you can never record anyone in Washington is wrong. Washington also offers a distinctive self-help route to legal recording. Under RCW 9.73.030(3) you can create consent by announcing the recording in any reasonably effective manner, but the announcement itself must be captured on the recording, which is why customer-service calls in Washington open with a recorded "this call may be recorded." The strictest criminal rule in the region pairs with one of the smallest civil awards, $100 a day capped at $1,000, and the statute even reaches communications between points within or without the state, so any call touching Washington is safest with everyone’s consent.
Common questions
Can I record a phone call in Washington if I am on the call?
No. Washington requires everyone’s consent under RCW 9.73.030(1). Your own participation is not an exception. Your options are all-party consent or the recorded announcement under subsection (3).
What exactly counts as a "private" conversation in Washington?
Under State v. Kipp, a communication is private where a subjective expectation of privacy is objectively reasonable. A traffic stop was held not private in State v. Lewis, so context matters.
Do I really have to record the announcement itself?
Yes. RCW 9.73.030(3) says the announcement must itself be recorded for it to count as consent. Announcing off the recording does not satisfy the statute.
What can I recover if someone illegally recorded me in Washington?
Actual damages, or liquidated damages of $100 a day up to a $1,000 cap, plus attorney fees, under RCW 9.73.060. Unlike most states, the $1,000 is a ceiling.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.