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No. 22-846October Term 2023Decided Feb 8, 2024

Docket 22-846October Term 2023 (2023–2024)

Department of Agriculture Rural Development Rural Housing Service v. Kirtz

The Supreme Court ruled that the Fair Credit Reporting Act (FCRA) contains a clear waiver of sovereign immunity, allowing consumers to sue federal government agencies for money damages when they violate the Act's credit reporting requirements.

Case status

Current stage
Decided
Latest event
Decision released Feb 8, 2024
Case Accepted
Arguments HeardNov 6, 2023
Decision ReleasedFeb 8, 2024
What it's about

The Supreme Court ruled that the Fair Credit Reporting Act (FCRA) contains a clear waiver of sovereign immunity, allowing consumers to sue federal government agencies for money damages when they violate the Act's credit reporting requirements. The unanimous decision affirmed that the statutory definition of "person" includes government agencies, thereby subjecting them to liability.

Question presented

Do the civil-liability provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States?

Case path

United States Court of Appeals for the Third Circuit / Decision released Feb 8, 2024

Area

Decided Supreme Court case