Background Check Error Lawsuits in Washington

Washington regulates background checks at almost every step. Under RCW 19.182.020, an employer may use credit information in an employment report only if it is substantially job related and the employer explains why in writing, or if the law requires it. Before taking adverse action, the employer must give the applicant the screening company's contact information and a chance to respond. The time limits in RCW 19.182.040 apply to background reports too. Arrests and convictions generally drop off after seven years for jobs paying less than $20,000 a year. Juvenile records cannot be reported once the person is 21.

The Washington Fair Chance Act, chapter 49.94 RCW, covers public and private employers. As amended in 2025, it bars employers from asking about criminal history or running a background check until after a conditional job offer. It bans no-felons ads and blanket exclusions. It bars adverse action based on arrests or juvenile records. Before acting on an adult conviction, an employer must have a legitimate business reason and give notice and a chance to respond. The amended rules apply to employers with 15 or more employees from July 1, 2026, and to smaller employers from January 1, 2027. The Attorney General enforces the Act. It has no private right of action.

For renters, RCW 59.18.257 requires landlords to disclose their screening criteria and the screening company in writing before screening, and to give written reasons for adverse action. RCW 59.18.580 bars screening companies from disclosing that an applicant is a victim of domestic violence, sexual assault or stalking. Claims can be filed in the Western District (Seattle, Tacoma) or Eastern District (Spokane, Richland, Yakima).

Where Washington FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Washington are heard in 2 federal districts:

Eastern District of WashingtonCourthouses: Spokane, Richland, Yakima.Filed with local or cooperating counsel
Western District of WashingtonCourthouses: Seattle, Tacoma.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Washington laws that add to the FCRA

Washington Fair Chance Act (RCW 49.94)
Covers public and private employers. Bars criminal history questions and background checks before a conditional offer, no-felons ads and blanket exclusions, and requires notice and a chance to respond before adverse action on a conviction. Enforced by the Attorney General, with no private lawsuit. Read it
Employment Use of Consumer Reports (RCW 19.182.020)
Lets employers use credit information in an employment report only if it is substantially job related and the reasons are disclosed in writing, or if required by law. Before adverse action, the employer must name the screening company and give a chance to respond. Read it
Tenant Screening Notice and Adverse Action (RCW 59.18.257)
Requires landlords to tell applicants in writing what information they will check, the criteria for denial and the screening company used, before screening. Landlords must also give written reasons for adverse action. A landlord that skips the notice may owe up to $100 plus attorney's fees. Read it
Screening Limits for Survivors (RCW 59.18.580)
Bars tenant screening companies from disclosing that an applicant is a victim of domestic violence, sexual assault or stalking. Landlords may not refuse to rent based on that status. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

When can a Washington employer run a criminal background check?

Under the Washington Fair Chance Act as amended in 2025, an employer generally may not ask about criminal history or run a check until it has made a conditional job offer. Larger employers are covered from July 1, 2026, and smaller ones from January 1, 2027. Exceptions include jobs with unsupervised access to children or vulnerable adults.

Can a Washington employer check my credit?

Only if the credit information is substantially job related and the employer tells you the reasons in writing, or if a law requires it. That is the rule in RCW 19.182.020. The federal FCRA's consent and pre-adverse action rules also apply.

What must a Washington landlord tell me about tenant screening?

Before screening, a landlord must tell you in writing what it will check, what may lead to denial and which screening company it uses. If it denies you or approves you with conditions, it must give written reasons. You can get a free copy of the report and dispute errors under state and federal law.

How long do I have to file an FCRA lawsuit in Washington?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.