Wash. Rev. Code » Title 9 · Chapter 9.73
Revised Code of Washington

Wash. Rev. Code § 9.73.070 (2026)

Persons and activities excepted from chapter

✓ current as of May 2026
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(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment. Common carrier as used in this section means any person engaged as a common carrier or public service company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy.
(2) The provisions of this chapter shall not apply to:
(a) Any common carrier automatic number, caller, or location identification service that has been approved by the Washington utilities and transportation commission; or
(b) A 911 or enhanced 911 emergency service as defined in RCW 82.14B.020, for purposes of aiding public health or public safety agencies to respond to calls placed for emergency assistance.
[ 1994 c 49 s 1. Prior: 1991 c 329 s 8; 1991 c 312 s 1; 1967 ex.s. c 93 s 5.]

Notes:

Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2021 · leading case: State v. Riley, 846 P.2d 1365 (Wash. 1993).
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State v. Riley, 846 P.2d 1365 (Wash. 1993). · cites it 2× “RCW 9.73.070 exempts acts performed "in the.”
Fisher Broad.-Seattle TV LLC v. City of Seattle, 326 P.3d 688 (Wash. 2014). “060; exempt certain common carriers and 911 calls, RCW 9.73.070; and make violation of the act a gross misdemeanor, RCW 9.”
Cousineau v. Microsoft Corp., 992 F. Supp. 2d 1116 (W.D. Wash. 2012). “Cousineau’s claim fails because the unintended transmission of her geolocation data constitutes neither a communication nor a conversation under § 9.73.070. Therefore, she fails to state a claim for relief under the WPA.”
Russo v. Microsoft Corp. (N.D. Cal. 2021). “Wash. Rev. Code § 9.73.070 . Microsoft’s argument to 22 the contrary focuses on the use of the words “his or her” in section 9.”
Fisher Broad. v. City of Seattle (Wash. 2014). “060; exempt certain common carriers and 911 calls, RCW 9.73.070; and make violation ofthe act a gross misdemeanor, RCW 9.”
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