Is Washington a two-party consent state?

Washington is a two-party (all-party) consent state: everyone on the call has to consent before it is recorded. Businesses usually handle this by announcing the recording at the start of the call.

General information, not legal advice. Check the statute and talk to a lawyer about your situation.

Statute checked October 15, 2026

The law

Rule
A two-party (all-party) consent state
Notes
Recording a private telephone conversation requires the consent of all participants. Consent is treated as given when one party announces to the others, in any reasonably effective manner, that the conversation is about to be recorded, and that announcement is itself recorded.

For businesses using an AI receptionist

AI receptionists usually record and transcribe calls. Announcing at the start of the call that it's recorded, and that the caller is speaking with an AI assistant, is the common way businesses handle callers from states with stricter rules.

Compare AI receptionists and check which ones announce recording and AI use.

Other Washington rules for AI calls

Telephone solicitation

Telemarketing and automated calls

  • Telephone solicitations may not be received before 8 a.m. or after 8 p.m. local time.
  • Within the first 30 seconds, the caller must give their name, the company or organization they represent, and the purpose of the call.
  • If the called person indicates they want the call to end, the caller must hang up within 10 seconds.
  • If asked not to call again, the caller must stop soliciting that number for at least one year and may not sell or pass on the person's information.
  • No telephone solicitations to numbers on the federal Do Not Call registry.
  • People harmed by repeated violations can sue; courts award at least $1,000 per violation plus attorney fees.

RCW 80.36.390

Automatic dialing and announcing devices

Telemarketing and automated calls

  • No one may use an automatic dialing and announcing device (equipment that dials automatically and plays a recorded or artificial voice message once connected) for commercial solicitation of Washington telephone customers.
  • The statute text contains no consent or prior-relationship exception for commercial solicitation.
  • A violation is an unfair or deceptive act under Washington's Consumer Protection Act; injured people can recover actual damages or $1,000 per violation, whichever is greater.

RCW 80.36.400