Department of Agriculture Rural Development Rural Housing Service v. Kirtz
Issues
Do the Fair Credit Reporting Act provisions 15 U.S.C. §§ 1681n and 1681o waive sovereign immunity and allow for suits against the United States government for claims brought under the act?
This case asks the Court to determine whether the Fair Credit Reporting Act (FCRA) waives the United States’ sovereign immunity to suits brought against it under the statute. The Department of Agriculture Rural Development Rural Housing Service (USDA) argues that the FCRA contains no waiver of sovereign immunity because the statute neither explicitly waives sovereign immunity nor creates a cause of action that expressly authorizes suits against the government. The USDA further contends that Congress’s intentions are unclear because the FCRA does not clearly state whether the definition of “person” includes the federal government within §§ 1681n and 1681o. Respondent Reginald Kirtz counters that the FCRA unambiguously creates a cause of action authorizing suits against federal agencies under §§ 1681n and 1681o because the FCRA’s definition of “person” in § 1681a(b), which includes government agencies, applies to §§ 1681n and 1681o. This case touches on important questions regarding what constitutes a waiver of sovereign immunity and whether courts may interpret congressional intent when making such a determination.
Questions as Framed for the Court by the Parties
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.
Reginald Kirtz took out loans from the United States Department of Agriculture Rural Development Rural Housing Service (“USDA”) and the Pennsylvania Higher Education Assistance Agency (“AES”). Kirtz v. Trans Union, LLC at 1. Kirtz closed his AES account with a balance of zero on or about June 7, 2016, and closed his USDA account with a balance of zero on or about June 7, 2018, both of which were reflected in his Trans Union credit report. Id. at 1–2.
Additional Resources
- Congress, Suits Against the United States and Sovereign Immunity.
- Federal Trade Commission, 40 Years of Experience with the Fair Credit Reporting Act (2011).
- Gregory C. Sisk, A Primer on the Doctrine of Federal Sovereign Immunity, Oklahoma Law Review (2005).
- Kimberly Strawbridge Robinson, Supreme Court to Decide if US Can Be Sued as Creditor, Bloomberg Law (June 20, 2023).