Can I legally record a phone call or conversation in Washington?

Washington's Privacy Act is one of the strictest two-party consent statutes in the United States and requires that consent be reasonably clear on the recording itself.

1. Consent Rule

RCW 9.73.030 makes it unlawful to intercept or record private communications transmitted by telephone or any private conversation without the consent of all parties. Consent is established by announcement that the conversation is being recorded so that the announcement itself is part of the recording (RCW 9.73.030(3)).

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 allows one-party consent. Washington's stricter rule applies within the state and to calls received in Washington.

3. In-Person vs Electronic

Both require all-party consent if the conversation is "private." Whether a conversation is private depends on factors including subject matter, location, and parties' reasonable expectations (State v. Christensen, 153 Wn.2d 186).

4. Cross-Border Calls

Washington courts apply Washington law to communications received in Washington (State v. Townsend; Kearney-style analysis). An out-of-state caller recording a Washington party in a one-party state risks Washington civil liability.

5. Criminal Penalties

First-offense violation is a gross misdemeanor — up to 364 days in jail and $5,000 fine. Subsequent offenses or aggravating circumstances may carry felony exposure under related statutes.

6. Civil Liability

RCW 9.73.060 provides civil action for actual damages plus $100/day or $1,000, whichever is greater, plus reasonable attorney fees. Federal § 2520 also applies.

7. Exceptions

Announced consent of all parties; emergency communications to law enforcement; one-party consent for emergency response and reporting of demands for ransom, extortion, blackmail, bodily harm; law enforcement under court order; communications easily overheard or made by emergency 911 callers.

8. Video / Surveillance

RCW 9A.44.115 (voyeurism) is a Class C felony for photographing a person in a place where the person has a reasonable expectation of privacy.

This is legal information, not legal advice.