Q: Is it legal to record a phone call with a company in WA without permission?

A: Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal prosecution: https://app.leg.wa.gov/rcw/default.aspx?cite=9.73.030

In addition, a party who records a conversation without permission cannot use the recording in a legal matter - so if you record a coversation with anyone without permission, it's really of no value to you - you can't use it as evidence.

The best practice is at the start of a conversation, on the recording, to state that you are seeking the party's or parties' permission to record the conversation and ask them to state that for the record on the recording. Then, state the date, time, and location that the recording is being made, and note that all parties have granted permission for the recording.

Another good practice is to provide a copy to anyone who requests a copy.

Note that if you are being interviewed by a company, you almost always have the right to have a representative present with you (and sometimes it's someone to speak on your behalf). If you are being interviewed by an insurance company, you do not have to agree to be recorded, but this could hold up payment to you. If you are being interviewed by law enforcement, you have an absolute right to decline to speak.

I hope these comments have been helpful to you.

Best wishes,

Merry A. Kogut

A: Washington State follows what's called "two-party consent" law, which means you need permission from all parties involved in a phone conversation before you can legally record it. This applies even when you're one of the participants in the call and regardless of your purpose for recording, including for documentation or evidence. Recording without consent from the company representative would likely violate the Washington Privacy Act (RCW 9.73.030).

The penalties for violating this law can be quite serious. You could face criminal misdemeanor charges, potential civil liability if the other party sues you, and perhaps most importantly, recordings made without proper consent are generally not admissible as evidence in Washington courts. This means your recording might not even serve your intended purpose of documentation.

Instead of recording without consent, you have several legal options. You could simply inform the company representative at the beginning of the call that you're recording and proceed if they agree. Many companies already record calls "for quality and training purposes," so they may not object. Alternatively, you could take detailed notes during your conversation, request that the company send written confirmation of what was discussed, or bring a witness to listen to the call who could later testify if needed. These approaches help you document the interaction while staying within legal boundaries.