Last Updated: January 2026 | Verified against current Revised Code of Washington
Quick Answer
Washington is a two-party consent state. Under RCW 9.73.030, it is unlawful to intercept or record any private communication or conversation without consent from all parties. Consent can be satisfied by announcing that recording is occurring. Violations are a gross misdemeanor with civil liability up to $1,000 plus actual damages.
$100/day (max $1,000) + actual damages + attorney fees
Understanding Washington’s All-Party Consent Law
What the Law Requires
Under RCW 9.73.030, it is unlawful to:
Intercept or record any private communication transmitted by telephone, telegraph, radio, or other device
Intercept or record any private conversation
Without first obtaining the consent of all participants
How to Satisfy Consent
Washington law allows consent to be established by:
Announcing “in any reasonably effective manner” that the communication or conversation is about to be recorded
The announcement itself must be recorded
This is more flexible than some states – announcement suffices for consent
The “Private” Communication Requirement
Washington’s law applies to private communications and conversations. Conversations in public places where there is no reasonable expectation of privacy may not be covered.
The Legal Foundation
Washington’s recording laws are found in RCW Chapter 9.73:
Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Washington’s recording laws have specific requirements and exceptions. If you have questions about recording in Washington, consult with a licensed Washington attorney.
Two-Party Consent States Reference
Washington has consent-by-announcement, which is more flexible than some other two-party states.
*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have created a participant exception. Oregon has one-party consent for calls.
I have a resident taking video, while being inside his apartment, of a contractor doing repairs outside on the residents deck. The contractor does not want to be recording in any way. What can we and/or the contractor do to have the resident stop recording?
Essentially the resident is shooting a surveillance video on their own residence. This is well within their rights, the only legal loophole leg you would have to stand on is if the resident was also capturing audio which has slightly different protections than that of a regular surveillance video. I would still say the resident is within their rights, as long as they are being reasonable about it.
Me and my wife get into arguments where she will say and do some terrible things. If I announce I’m recording before I do so can I record our arguments?
Yes, even though Washington is considered a Two-Party consent state they have a where the ability of a third party to overhear a conversation disqualifies it from being provided. ‘Washington’s Supreme Court has decided that the presence of a third party typically disqualifies a conversation as private. Washington v. Clark, 916 P.2d 384 (Wash. 1996)’. That being said it sounds like they are meeting publicly for a reason and it is considered best practice to announce that you are recording a conversation prior to doing so.
Who do I report illegal workplace audio recording to in Washington State?
If you are being improperly recorded at work in Washington your best bet would be to gather evidence consult a lawyer.
I have a resident taking video, while being inside his apartment, of a contractor doing repairs outside on the residents deck. The contractor does not want to be recording in any way. What can we and/or the contractor do to have the resident stop recording?
Essentially the resident is shooting a surveillance video on their own residence. This is well within their rights, the only legal loophole leg you would have to stand on is if the resident was also capturing audio which has slightly different protections than that of a regular surveillance video. I would still say the resident is within their rights, as long as they are being reasonable about it.
Me and my wife get into arguments where she will say and do some terrible things. If I announce I’m recording before I do so can I record our arguments?
Hi Andrew! Yes, the law allows you to record your conversations if you announce your intention to record before recording.
Can my husband record exchanges with his ex. They meet in public.
Yes, even though Washington is considered a Two-Party consent state they have a where the ability of a third party to overhear a conversation disqualifies it from being provided. ‘Washington’s Supreme Court has decided that the presence of a third party typically disqualifies a conversation as private. Washington v. Clark, 916 P.2d 384 (Wash. 1996)’. That being said it sounds like they are meeting publicly for a reason and it is considered best practice to announce that you are recording a conversation prior to doing so.