Department of Agriculture Rural Development Rural Housing Service v. Kirtz
Department of Agriculture Rural Development Rural Housing Service v. Kirtz | |
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Argued Nov. 26, 2023 Decided Feb. 8, 2024 | |
Full case name | United States Department of Agriculture Rural Development Rural Housing Service v. Reginald Kirtz |
Docket no. | 22-846 |
Citations | 601 U.S. 42 (more) |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior |
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Questions presented | |
Whether the civil-liability provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., unequivocally and unambiguously waive the sovereign immunity of the United States. | |
Holding | |
Yes, the FCRA waives the sovereign immunity of the United States | |
Court membership | |
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Case opinion | |
Majority | Gorsuch, joined by unanimous |
Laws applied | |
Fair Credit Reporting Act |
Department of Agriculture Rural Development Rural Housing Service v. Kirtz, 601 U.S. 42 (2024), is a United States Supreme Court case holding that the Fair Credit Reporting Act unequivocally and unambiguously waives the sovereign immunity of the United States.
The case came from a 2022 decision by the United States Court of Appeals for the Third Circuit which joined the D.C. and Seventh circuits in holding that the relevant provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States.
Background
Reginald Kirtz had two loans, one by the
Procedural history
Kirtz sued
The relevant sections of the Fair Credit Reporting act state that any "person" who either negligently or willfully "fail[s] to comply with any requirement imposed under [the FCRA] with respect to any consumer is liable to that consumer" for civil damages. A "person" is defined to included "any government or government subdivision or agency."[3] The Third Circuit joined the D.C. and Seventh Circuits in finding that language unequivocally and unambiguously waived the sovereign immunity of the United States.
Supreme Court
On March 3, 2023, the
On February 8, 2024, Justice Gorsuch delivered a unanimous opinion holding that the
References
- ^ Howe, Amy. "Justice take up Fair Credit Reporting Act case". SCOTUSblog. Retrieved 12 October 2023.
- ^ Kruzel, John. "US Supreme Court to hear government appeal in credit report dispute". Reuters. Retrieved 13 October 2023.
- ^ 15 U.S.C. § 1681a(b).
- ^ "Dept. of Agric. Rural Dev. v. Kirtz - Oral Argument Audio". Supreme Court. Retrieved 8 November 2023.
- ^ "US Supreme Court rules that federal government can be liable under Fair Credit Reporting Act". www.jurist.org. 2024-02-09. Retrieved 2024-03-28.
- ^ "Department of Agriculture Rural Development Rural Housing Service v. Kirtz, 601 U.S. ___ (2024)". Justia Law. Retrieved 2024-03-28.