Washington Phone Recording Laws: Two-Party Consent

Is Washington a one-party or two-party consent state?

Washington is on the strict side. People search for "two-party", but the law means all parties, however many are on the line. A party is a person on the call or in the conversation.

RCW 9.73.030 applies to "any individual, partnership, corporation, association". It treats calls and in-person talks separately, with the same result:

• Phone calls. You can't record a private communication by phone "without first obtaining the consent of all the participants in the communication".
• In-person talks. You can't record a private conversation "without first obtaining the consent of all the persons engaged in the conversation."

Three things soften that.

The announcement rule. The statute says 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". The announcement has to be recorded, too.

The word "private". The statute covers only private communications, and courts decide that from the facts. The state Supreme Court looked at what the people intended plus three factors: length and subject, location and who else might be there, and the role of the person who didn't consent (Lewis v. Department of Licensing).

A police traffic stop wasn't private, and a talk between a man and his brother-in-law was (State v. Kipp). Neither is a typical business call, so don't use them to decide that your calls aren't private.

A short list of one-party calls. One person's consent is enough for calls about emergencies, and calls that convey threats of extortion, blackmail or bodily harm or other unlawful demands. The same goes for calls that "occur anonymously or repeatedly or at an extremely inconvenient hour", and for hostage situations.

A Seattle contractor told first, and a Spokane friend taped in secret

• Fine: You tell a Seattle contractor at the start of a call that you're about to record it, and that announcement is on the recording.
• Not fine: You secretly record your own private call with a friend in Spokane. Being on the call doesn't make it legal here.

Penalties for illegal recording in Washington

	What the law says
The crime	A gross misdemeanor under RCW 9.73.080
Jail	Up to 364 days in county jail under RCW 9.92.020
Fine	Up to $5,000, or both jail and a fine
Who can sue	A person claiming the violation injured "his or her business, his or her person, or his or her reputation", under RCW 9.73.060
Damages	Actual damages, including mental pain and suffering, or a set $100 a day, up to $1,000
Fees	A reasonable attorney's fee and other costs of litigation

The money goes to "a person so injured". So a suit starts with an injury to your business, your person or your reputation. Don't read the $100 a day as an automatic payment for any violation.

Can a business record your call in Washington?

Yes, with consent. RCW 9.73.030 names corporations, and the practical way to get consent is a recorded announcement at the start of the call.

If you run a business: Announce, in a reasonably effective way, that the call is about to be recorded, and capture that announcement on the recording.

The announcement rule asks for the words "about to be recorded". The script below says "We record our calls" and asks for a yes. That's a different way to get consent, because everyone on the call agrees. If you rely on the announcement alone, use the law's words.

It's unclear how a Washington court would treat softer wording like "this call may be recorded", so don't rely on it. Say "we record" instead, and get a yes.

It's also unclear if a customer call counts as "private", so don't assume business calls fall outside RCW 9.73.030.

What if the other person is in another state?

The statute reaches communications "between points within or without the state". The state Supreme Court has looked at where the recording happened.

Washington law applied to a recording made in Washington of a call to Canada (Kadoranian v. Bellingham Police Department). It didn't stop an Oregon recording of a call with a Washington resident (State v. Fowler).

Both are police cases, so they don't settle what happens when an out-of-state business records its Washington customers. Elsewhere, courts disagree on which state's law applies. The safe course is to follow the stricter state's rule, and on a call with California, that state's Penal Code § 632 requires everyone's consent as well.

Running a call center or sales team in Washington?

Our advice: announce the recording at the very start of every call, inbound and outbound. In Washington, getting everyone's agreement is the point of the law, and an announcement at the start is how you ask for it.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Washington

People in Washington filed 56,358 fraud reports with the FTC in 2024 and reported about $297.2 million lost, with a median loss of $465. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Washington?

Say you're recording first. Washington does let one person's consent cover threats, unlawful demands, and anonymous or repeated calls, so a threatening caller is different.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Washington State Office of the Attorney General, consumer complaints, 1.800.551.4636 in Washington. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Washington

CallTutor's analysis of 1,726 calls from Washington area codes, August through October 2026, found a credit card number read out loud on 22.9% of them, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Washington. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Washington recording law FAQ

Is Washington a one-party consent state?

No, not for private calls and conversations. Washington allows one person's consent only for a short list, such as emergencies, threats, and anonymous or repeated calls.

Is Washington a two-party consent state?

Yes. For private calls and conversations, Washington requires the consent of all parties, not just two.

In Washington, can someone record me without telling me?

Not on a private call or conversation. Washington requires everyone's consent, or a recorded announcement that recording is about to start, apart from a short list of calls like threats.

Can I record a threatening call in Washington?

Yes. Washington lets one party's consent cover calls that convey threats of extortion, blackmail or bodily harm.

Can I get $1,000 for being recorded in Washington?

Washington gives actual damages, or $100 a day up to $1,000, to a person injured in business, person or reputation. It isn't automatic for every violation.

Recording laws in nearby states

• Idaho phone recording laws (one-party)
• Oregon phone recording laws (one-party)
• Alaska phone recording laws (one-party)

See all two-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.