Authored By: Candace Whitman
Public Justice's Access to Justice team along with the National Consumer Law Center, the Center for Consumer Law and Economic Justice at UC Berkeley, and the Jerome N. Frank Legal Services Organization wrote an amicus brief in support of a case that brought into question whether a consumer can sue the federal government when it violates the Fair Credit Reporting Act (FCRA).
According to Public Justice, Reginald Kirtz attempted to sue the federal government, specifically the United States Department of Agriculture Rural Development Rural Housing Service (USDA), for violating the Fair Credit Reporting Act (FCRA).
Mr. Kirtz discovered inaccurate information on his credit report regarding a loan account with USDA which negatively impacted his credit score. Despite his efforts to rectify the errors, the USDA failed to address them, leading him to file a federal lawsuit.
The case was initially dismissed by the district court citing sovereign immunity, the case was appealed to the Third Circuit, which ruled in Mr. Kirtz's favor. The U.S. Supreme Court subsequently agreed to hear the case.
In October 2023, an amicus brief was submitted to the Supreme Court supporting Mr. Kirtz's case, emphasizing the critical role of credit information in the economy and the impact of government mishandling of such data on individuals and the economy.
On February 8, 2024, the Supreme Court unanimously ruled in favor of Mr. Kirtz, allowing consumers to sue federal agencies for FCRA violations.
Justice Gorsuch, in authoring the opinion, echoed the points made in the amicus brief regarding the importance of fair and accurate credit reporting, particularly in the context of federal agencies' significant role as credit information providers.
This ruling marks a significant victory for consumer rights and accountability in handling sensitive credit information by the government. Thanks to Public Justice and their allies for supporting Mr. Kirtz and tirelessly working to fight for consumer rights. If you would like to be a financial supporter of Public Justice and help them continue their important work, click here to be taken to their website.
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