Yes. You can sue someone for recording you without permission in Washington if the recording captured a private communication and not everyone involved consented. State law gives you the right to recover actual damages or liquidated damages, plus your attorney’s fees and court costs.1Washington State Legislature. RCW 9.73.060
When a Recording Is Illegal in Washington
Washington is an all-party consent state. It is generally illegal to record any private conversation or communication, whether in person or carried by phone, radio, or another device, without permission from everyone involved. Consent counts as given if one participant announces that the conversation is being recorded and that announcement is itself part of the recording.2Washington State Legislature. RCW 9.73.030
The rule only reaches communications that were meant to be private. Whether a conversation in a public area qualifies depends on the facts and on whether the people talking had a reasonable expectation of privacy. If the communication wasn’t private to begin with, the all-party consent rule doesn’t apply, and you don’t have a claim under this statute.2Washington State Legislature. RCW 9.73.030
What You Can Recover
If you win, Washington law lets you choose between two measures of damages and adds your legal costs on top.1Washington State Legislature. RCW 9.73.060
- Actual damages, including compensation for mental pain and suffering.
- Liquidated damages calculated for each day the violation occurred.
- Reasonable attorney’s fees and other costs of the litigation.
Punitive damages are not available under this statute. The court’s focus is on compensating you for what you actually lost and covering what it costs you to bring the case, not on punishing the person who recorded you.1Washington State Legislature. RCW 9.73.060
What You Have to Prove
To win, you need to show two things: that the recording violated the specific protections in the privacy statute, and that it caused a recognized injury to your business, your person, or your reputation.1Washington State Legislature. RCW 9.73.060 Because the case often turns on whether the conversation was legally private, these claims usually benefit from a lawyer who can argue that question on the specific facts.
When You Can’t Sue
Several situations are carved out of the consent rule. Only one party needs to consent when the communication involves an emergency such as a fire or medical crisis, or when it involves threats of extortion, blackmail, or bodily harm. Recording also may be allowed for bona fide news gathering if the person recording works for a news outlet and either the recording device is readily apparent or consent is express.2Washington State Legislature. RCW 9.73.030
Law enforcement and emergency responders have their own exemptions. Police and fire stations can record incoming calls. Officers can record dashcam audio if they are in uniform and inform the person being recorded, unless an emergency makes that notice impossible. Officers can also obtain judicial authorization to record a non-consenting party when there is probable cause to believe a felony is being committed.3Washington State Legislature. RCW 9.73.090 A recording that fits one of these exceptions won’t support a civil claim.
The Criminal Side Is Separate
A civil suit is your remedy. Unauthorized recording is also a gross misdemeanor under Washington law, but that is a charge brought by prosecutors, not something you file.4Washington State Legislature. RCW 9.73.080 If you want compensation, the civil case under RCW 9.73.060 is the route.