Washington recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
Washington law uses different rules for recording in-person conversations and phone calls.
- In person: Depends: All-party consent when the conversation is private.
- Phone calls: Depends: All-party consent when the call is a private communication.
In-person conversations: Depends: All-party consent when the conversation is private
Except as otherwise provided by statute, Washington law prohibits individuals, organizations, and governmental entities from intercepting or recording any private conversation using an electronic or other device without first obtaining the consent of all persons engaged in the conversation.
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.
Phone calls: Depends: All-party consent when the call is a private communication
Except as otherwise provided in the chapter, Washington law prohibits any individual, entity, or government agency from intercepting or recording a private communication transmitted by telephone, telegraph, radio, or other device without first obtaining the consent of all participants.
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: Depends: All-party consent when the conversation is private. Whether a particular conversation meets that condition depends on its circumstances.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: Depends: All-party consent when the conversation is private. Whether a particular conversation meets that condition depends on its circumstances.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: Depends: All-party consent when the call is a private communication. Whether a particular conversation meets that condition depends on its circumstances.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes Washington law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app