ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

U.S. Supreme Court rules government agencies not immune from FCRA suits

March 4, 2024
Reading Time: 2 mins read

Fair Credit Reporting Act
Kirtz v. USDA
Date: Feb. 8, 2024

Issue: Whether the federal government, acting as a lender, may be sued for supplying false information under the Fair Credit Reporting Act (FCRA).

Case Summary: In a unanimous decision written by Justice Neil Gorsuch, the U.S. Supreme Court ruled a governmental agency is not immune from suit for violating the FCRA.

Reginald Kirtz secured a loan from the Rural Housing Service, a division of the U.S. Department of Agriculture (USDA). The service issues loans to promote the development of safe and affordable housing in rural communities. Kirtz repaid his loan in full by 2018. Despite this, the USDA repeatedly told TransUnion that his account was past due. The misrepresentations damaged Kirtz’s credit score and threatened his ability to secure future loans at affordable rates.

Kirtz sued USDA alleging it violated the FCRA by failing to investigate his records. According to Kirtz, the USDA took no steps to correct its mistake—either willfully or negligently. The USDA moved to dismiss. The agency did not dispute whether allegations like Kirtz’s state a viable claim for relief. Instead, the USDA pointed to the U.S. Supreme Court’s precedents holding that “as sovereign, the federal government enjoys immunity from suits for money damages unless Congress waives that immunity.” The USDA emphasized nothing in the FCRA purports to render the federal government amenable to suit. The district court agreed and ruled for USDA. The Third Circuit reversed on appeal, concluding the FCRA sections 1681n and 1681o authorize suits for damages against “any person” who violates the FCRA, and section 1681 expressly defines “any person” to include “any government agency.” The Third Circuit’s decision highlighted a circuit split: the Third and Seventh Circuits have allowed FCRA litigation against the federal government, while the Fourth and Ninth Circuits have granted the federal government immunity. The USDA petitioned the U.S. Supreme Court to review.

The Supreme Court affirmed the Third Circuit. The Court acknowledged the United States is generally immune from suits seeking money damages unless Congress chooses to waive that immunity. To determine whether Congress chose to do so under the FCRA, the Court applies a “clear statement” rule. The “clear statement” rule permits a lawsuit when the language if the statute is “unmistakably clear” in allowing it. The Court declared the FCRA’s express authorization of suit against a governmental agency reveals congressional intent to waive immunity. In reaching its decision, the Court rejected the argument that sovereign immunity could be waived only by a separate provision directly addressing the issue. It also rejected the government’s argument that the statute’s inclusive definition of “person” could not be applied to the provisions at issue.

Bottom Line: The Court’s decision waives federal agencies’ immunity from lawsuits. The ruling could trigger further litigation against government lenders and ensure that agencies follow proper procedures to report debt correctly.

Documents: Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

ABA Washington Summit begins today

ABA Washington Summit begins today

Uncategorized
March 9, 2026

More than 1,400 bank leaders from across the country are gathered in Washington, D.C. this week for the 2026 ABA Washington Summit. ABA will livestream the Tuesday and Wednesday general sessions on its X account, starting around 8:30...

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: March 9

Uncategorized
March 9, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA DataBank: Services sector continues to expand

ABA DataBank: Services sector continues to expand

Economy
March 4, 2026

The ABA Office of the Chief Economist believes the data is pointing to continued strength in the services sector, a key driver of U.S. economic activity and recent gross domestic product growth.

Bank survey probes business owners’ views on tariffs

U.S. Supreme Court rules IEEPA does not authorize president to impose reciprocal or drug-trafficking tariffs

Uncategorized
March 2, 2026

In a 6-3 decision, the U.S. Supreme Court ruled that the IEEPA does not authorize the president to impose tariffs.

OCC files amicus brief supporting ABA

Northern District of Illinois partially upholds Interchange Fee Prohibition Act

Uncategorized
March 2, 2026

Judge Virginia Kendall of the Northern District of Illinois partially upheld the Illinois Interchange Fee Prohibition Act, ruling that federal law does not preempt the Interchange Fee Provision, but does preempt the Data Usage Limitation.

Ninth Circuit affirms dismissal of investor suit against Comerica

Ninth Circuit affirms dismissal of investor suit against Comerica

Uncategorized
March 2, 2026

In a unanimous decision, a Ninth Circuit panel affirmed the dismissal of a lawsuit alleging that Comerica violated the Securities Exchange Act by misleading investors about how it oversaw its U.S. Department of the Treasury contract.

NEWSBYTES

Senators reintroduce bill to ‘claw back’ bank executive pay

March 11, 2026

Bradford National buys State Bank of St. Jacob in Illinois

March 11, 2026

ABA, BPI urge adoption of voluntary guidance for agentic AI use

March 11, 2026

SPONSORED CONTENT

How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026
Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

February 1, 2026

PODCASTS

Podcast: How the SCAM Act would encourage platforms to go after scammers

February 4, 2026

A new kind of ‘community bank’ for small businesses

January 22, 2026

Podcast: A Lone Star banking perspective

January 15, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.