|CITATION||Wash. Rev. Code § 9.73.030|
All parties generally must consent to the interception or recording of any private communication, whether conducted by telephone, telegraph, radio or face-to-face, to comply with state law. Wash. Rev. Code § 9.73.030. The all-party consent requirement can be satisfied if “one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted.” In addition, if the conversation is to be recorded, the requisite announcement must be recorded as well. Wash. Rev. Code § 9.73.030.
A party is determined to have consented to recording if he is aware that the recording is taking place. Washington v. Modica, 149 P.3d 446 (Wash. Ct. App. 2006).
Consent to recording of real-time conversation using online discussion software is implicit because participants know the conversations will be recorded on the other party’s computer. Washington v. Townsend, 20 P.3d 1027 (Wash. Ct. App. 2001).
|CONSENT REQUIRED||All parties to communication.|
|PENALTIES||A violation is a gross misdemeanor, which is punishable by up to one year in county jail and a fine of up to five thousand dollars ($5,000). The law provides for civil damages and provides an injured party the right to recover actual damages, including mental pain and suffering or liquidated damages at the rate of one hundred dollars ($100) per day for each day of violation, not to exceed one thousand dollars ($1000), and a reasonable attorney’s fee and other costs of litigation.|