Department of Agriculture Rural Development Rural Housing Service v. Kirtz

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Department of Agriculture Rural Development Rural Housing Service v. Kirtz
Seal of the United States Supreme Court.svg
Argued Nov. 26, 2023
Decided Feb. 8, 2024
Full case nameUnited States Department of Agriculture Rural Development Rural Housing Service v. Reginald Kirtz
Docket no. 22-846
Citations601 U.S. 42 ( more )
Argument Oral argument
Reargument Reargument
Opinion announcement Opinion announcement
Case history
Prior
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
Chief Justice
John Roberts
Associate Justices
Clarence Thomas  · Samuel Alito
Sonia Sotomayor  · Elena Kagan
Neil Gorsuch  · Brett Kavanaugh
Amy Coney Barrett  · Ketanji Brown Jackson
Case opinion
MajorityGorsuch, 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.

Contents

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 Pennsylvania Higher Education Assistance Agency, and one by the Department of Agriculture Rural Development Rural Housing Service, both of which were closed and had a balance of $0. Despite this, both agencies reported to Trans Union that he was more than 120 days past due, resulting in a lower credit score. Kirtz sent a letter to Trans Union disputing the statements on his credit file, and Trans Union gave notice of the dispute to both agencies. Neither agency took action to investigate or correct the disputed information. [1]

Procedural history

Kirtz sued Trans Union, the Pennsylvania Higher Education Assistance Agency, and the Department of Agriculture Rural Development Rural Housing Service, alleging willful and negligent violations of sections 1681n and 1681o of the Fair Credit Reporting Act in the United States District Court for the Eastern District of Pennsylvania. The U.S. Department of Agriculture moved to dismiss the claim, arguing that it is protected by the sovereign immunity of the United States. The district court granted the motion to dismiss, but was reversed by the United States Court of Appeals for the Third Circuit. [2]

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 USDA petitioned the Supreme Court to hear its case. On June 20, 2023, the court granted certiorari. It was argued on November 6, 2023. [4]

On February 8, 2024, Justice Gorsuch delivered a unanimous opinion holding that the Fair Credit Reporting Act expressly waives the sovereign immunity of the United States. The decision affirmed the Third Circuit ruling below. [5] [6]

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References

  1. Howe, Amy. "Justice take up Fair Credit Reporting Act case". SCOTUSblog. Retrieved 12 October 2023.
  2. Kruzel, John. "US Supreme Court to hear government appeal in credit report dispute". Reuters. Retrieved 13 October 2023.
  3. 15 U.S.C. § 1681a(b).
  4. "Dept. of Agric. Rural Dev. v. Kirtz - Oral Argument Audio". Supreme Court. Retrieved 8 November 2023.
  5. "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.
  6. "Department of Agriculture Rural Development Rural Housing Service v. Kirtz, 601 U.S. ___ (2024)". Justia Law. Retrieved 2024-03-28.