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, trade groups: CFPB has no authority to enact rule limiting arbitration 

ABA files amicus brief urging Oklahoma supreme court to grant Arvest’s petition and reverse lower court’s arbitration ruling

Uncategorized
December 1, 2025

ABA filed an amicus brief urging the Supreme Court of Oklahoma to grant Arvest Bank’s petition to review a Court of Civil Appeals of Oklahoma decision holding that courts — not arbitrators — must decide whether an alleged...

ABA files amicus brief urging Second Circuit to reject EFTA expansion in NYAG’s wire fraud lawsuit

ABA files amicus brief urging Second Circuit to reject EFTA expansion in NYAG’s wire fraud lawsuit

Uncategorized
December 1, 2025

ABA filed a coalition amicus brief urging the Second Circuit to reverse the district court’s denial of Citibank’s motion to dismiss the New York Attorney General’s EFTA claims.

ABA files amicus brief supporting Flagstar’s petition for full Ninth Circuit review to examine NBA preemption

ABA files amicus brief supporting Flagstar’s petition for full Ninth Circuit review to examine NBA preemption

Uncategorized
December 1, 2025

ABA filed a coalition amicus brief urging the Ninth Circuit to grant Flagstar Bank’s en banc petition to review a three-judge panel’s decision that ruled the National Bank Act does not preempt California’s interest-on-escrow law.

Eleventh Circuit affirms Wells Fargo’s win in bitcoin fraud lawsuit

Consumer class sues Athena Bitcoin over undisclosed BTM fees

Uncategorized
December 1, 2025

A proposed consumer class sued Athena Bitcoin, one of the largest Bitcoin ATM operators, in the Southern District of Florida, alleging it violated the Florida Deceptive and Unfair Trade Practices Act by using inflated exchange rates, undisclosed surcharges,...

Supreme Court upholds government authority to dismiss False Claims Act cases

Northern District of California grants second partial dismissal in PayPal merchant-agreement class action

Uncategorized
December 1, 2025

Judge Jeffrey S. White of the Northern District of California granted in part and denied in part a proposed class action alleging PayPal illegally inflated online retail prices through restrictive merchant agreements.

ACA International sues to block Colorado’s medical debt reporting ban

ACA International sues to block Colorado’s medical debt reporting ban

Uncategorized
December 1, 2025

ACA International and Creditors Bureau USA sued Administrator of the Uniform Consumer Credit Code, Martha Fulford in Colorado federal court to block a Colorado law banning medical debt from credit reports.

NEWSBYTES

FDIC, OCC repeal guidance on leveraged lending

December 5, 2025

Consumer credit increased in November

December 5, 2025

ABA DataBank: Volatility shifts as chances of rate cut increase

December 5, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The outlook for tech-forward community banking

December 4, 2025

Podcast: The Erie Canal at 200

November 6, 2025

Podcast: Why branches are top priority for PNC

October 23, 2025

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

© 2025 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

© 2025 American Bankers Association. All rights reserved.