Can I record my business phone calls without permission from both parties?

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Can I record my business phone calls without permission from both parties?

I work for a first aid company and do outside sales.

Asked on May 27, 2011 under Personal Injury, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

WA is what is known as a "all-party consent".  This means that both parties to a conversation(in person/telephone) must consent to it's recording.  This means that if a conversation is recorded all parties must consent to it.  That is unless there is no expectation of privacy.  In other words, was the conversation considered to be private?  Almost all telephone conversations are presumed to be.  However, in-person conversations are not necessarily private. As a general rule, in-person conversations which can be naturally overheard (i.e. without use of any special devices) are not considered private communications.

Failure to obtain such consent can result in a personal injury lawsuit, and in some cases criminal charges as well. 


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