News & Analysis as of

Fair Credit Reporting Act (FCRA) Sovereign Immunity

Fox Rothschild LLP

Supreme Court: Government Agencies Can Be Liable Under FCRA for Credit Reporting Errors

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The U.S. Supreme Court has ruled that federal government agencies can be held liable under the Fair Credit Reporting Act when they fail to investigate or correct inaccurate information furnished to credit reporting agencies. ...more

Epstein Becker & Green

A Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today

Yesterday might ultimately be remembered as among the most consequential days in the history of the Supreme Court and the nation. That will be determined when a decision in Trump v. Anderson is issued....more

Dorsey & Whitney LLP

The Supreme Court Update - February 8, 2024

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The Supreme Court of the United States issued two decisions today: Murray v. UBS Securities, LLC, No. 22-660: This case concerns the elements required to prove an employer retaliated against a whistleblower employee in...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Agriculture Rural Development Rural Housing Service v. Kirtz

On February 8, 2024, the U.S. Supreme Court decided Department of Agriculture Rural Development Rural Housing Service v. Kirtz, No. 22-846, affirming the decision below and holding that a governmental agency is not immune...more

Orrick, Herrington & Sutcliffe LLP

USDA urges Supreme Court to overturn FCRA 3rd Circuit ruling

On August 15, the USDA filed a brief urging the U.S. Supreme Court to overturn a U.S. Court of Appeals for the Third Circuit decision to reverse its FCRA lawsuit brought by a plaintiff who alleged that the consumer credit...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

Yesterday, the U.S. Supreme Court agreed to decide a case that raises the issue of whether the United States government may be held liable as a data furnisher under the Fair Credit Reporting Act (FCRA) despite its invocation...more

Dorsey & Whitney LLP

The Supreme Court Update - June 20, 2023

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The Supreme Court of the United States granted certiorari in one case: Department of Agriculture Rural Development Rural Housing Service v. Kirtz, No. 22-846: This case addresses a circuit split on the ability to sue the...more

McGlinchey Stafford

Third Circuit Rules the FCRA Waives U.S. Sovereign Immunity

McGlinchey Stafford on

On August 24, 2022, the U.S. Court of Appeals for the Third Circuit held that the plain text of the Fair Credit Reporting Act (FCRA) operates as a waiver of sovereign immunity, widening the circuit split on this issue. ...more

Troutman Pepper

DC Circuit Found Waiver of Sovereign Immunity Under FCRA and FMCSA Is Not a CRA

Troutman Pepper on

In Mowrer v. United States Department of Transportation, the U.S. Court of Appeals for the District of Columbia held that government immunity is waived under the FCRA, but also found that the Federal Motor Carrier Safety...more

Womble Bond Dickinson

U.S. Supreme Court Denies Certiorari Review in FCRA Sovereign Immunity Case, Cementing Circuit Split

Womble Bond Dickinson on

On Monday, the United States Supreme Court denied certiorari review of a Fourth Circuit Court of Appeals decision that the federal government is immune from civil liability for claims brought under the Fair Credit Reporting...more

Womble Bond Dickinson

States are Immune from Suit Under the FCRA

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You cannot sue a state under the FCRA. That is the message that a court delivered to a pro se plaintiff in Pendergrass v. Washington Metro. Area Transit Authority, 2018 WL 4938578 (D. D.C. Oct. 11, 2018). Under the facts of...more

Dorsey & Whitney LLP

District Court Holds Consumer May Sue U.S. Governmental Entity for Money Damages under FCRA

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On February 7, 2018, the U.S. District Court for the Eastern District of Michigan denied a motion by the U.S. Department of Agriculture (“USDA”) to dismiss a lawsuit filed against the USDA seeking money damages for alleged...more

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