Washington Call Recording Laws: All-Party Consent

Washington requires the consent of all parties to record a private phone call or conversation. But it also tells you exactly how to get that consent: a reasonably effective announcement, made to everyone, that the call is about to be recorded, with the announcement captured in the recording. Recording without it is a gross misdemeanor and can bring a civil suit.

For businesses, that makes Washington one of the clearest all-party states to comply with. The key detail is that the announcement must be recorded too.

This is general information, not legal advice.

Washington recording law at a glance

Question	Answer in Washington
Consent rule	All participants
Main statute	RCW 9.73.030
How consent is obtained	Recorded, reasonably effective announcement (RCW 9.73.030(3))
One-party exceptions	Emergencies, threats, anonymous or repeated or late-night calls, hostage situations
Criminal penalty	Gross misdemeanor (RCW 9.73.080)
Civil damages	Actual damages incl. mental suffering, or $100/day up to $1,000; fees (RCW 9.73.060)

What the statute says

RCW 9.73.030(1) makes it unlawful for "any individual, partnership, corporation, association" or the state to intercept or record:

• (a) any private communication transmitted by telephone, telegraph, radio or other device between two or more individuals "between points within or without the state," without first obtaining the consent of all the participants; or
• (b) any private conversation, without first obtaining the consent of all the persons engaged in it.

The phrase "between points within or without the state" means the statute is written to reach calls that cross state lines.

The announcement rule

RCW 9.73.030(3) says:

"Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced 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 or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded."

Three elements: the announcement goes to all parties, it is reasonably effective, and it is itself recorded.

Why the recorded announcement matters

Washington's rule turns on proof. If a customer later says they never agreed to be recorded, the recording itself shows the announcement at the start. That is why the statute insists that "said announcement shall also be recorded." Practical consequences:

• Start recording before or at the moment the announcement plays, not after.
• On outbound calls, say the announcement after the other person answers, so they actually hear it.
• If a call is transferred, the new participant should hear an announcement on the recording too.
• Keep original recordings unedited. Trimming the opening seconds can remove your proof of consent.

A business that follows those steps can record any customer call in Washington lawfully.

One-party exceptions

RCW 9.73.030(2) allows recording with one party's consent for calls or conversations:

1. of an emergency nature, such as reporting a fire, medical emergency, crime or disaster;
2. that convey threats of extortion, blackmail, bodily harm or other unlawful demands;
3. that occur anonymously, repeatedly or at an extremely inconvenient hour; or
4. involving a hostage holder or barricaded person.

A business can record threatening or harassing calls under these exceptions. Routine customer calls need the announcement.

What counts as "private"

According to the Reporters Committee for Freedom of the Press (RCFP), Washington courts consider factors such as the location and the presence or potential presence of third parties (Lewis v. Department of Licensing, 2006), and conversations in public or with third parties present are generally not private (State v. Clark, 1996). Customer calls about accounts, health, money or disputes will usually be private.

Texts

The RCFP notes that the statute does not distinguish between oral and written communications, so all-party consent likewise applies to intercepting text messages.

Penalties and civil liability

Consequence	Statute	Details
Criminal	RCW 9.73.080(1)	Gross misdemeanor
Altering or wrongfully disclosing certain recordings	RCW 9.73.080(2)	Gross misdemeanor
Civil	RCW 9.73.060	Actual damages, including mental pain and suffering, or liquidated damages of $100/day not to exceed $1,000; attorney's fee and costs

RCW 9.73.060 reaches anyone who violates the chapter "directly or by means of a detective agency or any other agent," so a business can be liable for a vendor's unlawful recording on its behalf.

Calls between Washington and neighboring states

Neighbor	Rule for phone calls
Oregon	One-party for phone calls
Idaho	One-party

Both neighbors are one-party, but the Washington participant's protection applies on calls into Washington, and the statute expressly covers communications "between points within or without the state." Portland and Coeur d'Alene businesses calling Washington residents should announce recordings. Read interstate call recording consent and see the state-by-state table.

Three Washington scenarios

A Seattle software company plays a recorded announcement at the start of support calls. Everyone hears it, and it is part of the recording. That satisfies RCW 9.73.030(3).

A Spokane contractor records a call on a cellphone app that announces nothing. The homeowner did not consent. That is a gross misdemeanor and a civil claim.

A Tacoma business records repeated late-night threatening calls. RCW 9.73.030(2) permits recording such calls with one party's consent.

What this means for Washington businesses

Seattle's software, retail and healthcare companies, and Spokane's service businesses, record calls for quality and disputes. Build the announcement into the phone system so it plays on every recorded call without depending on an agent remembering. Give employees written notice that business calls are recorded, and decide whether staff may record calls on personal phones; if they can, require an app that announces.

Calls from Washington into other states

Washington businesses calling customers in one-party states still need to follow Washington law for their own side, because the statute covers communications "between points within or without the state." A Seattle sales team calling Texas prospects should announce recording just as it would for Washington calls. The same announcement satisfies California, Florida and the other all-party states.

Washington recording checklist

• Announcement to all parties before recording inbound calls
• Announcement captured in the recording itself
• Spoken announcement on outbound recorded calls, captured on the recording
• New participants hear an announcement too
• Written employee consent to call recording
• No silent auto-record apps
• Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in Washington with Callata

When recording is on, Callata plays "This call may be recorded." to both sides as the call connects, inbound and outbound, and records the call. Because Washington requires the announcement itself to be recorded, listen to a sample recording to confirm the notice is captured, and have staff restate it at the start if it is not. Recordings are transcribed and summarized with sentiment and action items on the contact's history. Callata's terms keep consent-law compliance with you. Plans start at $99 a month with five users included and $20 for each additional user, and recording is part of the plan. Sign up.