In a noteworthy development that grew out of another case, the U.S. Supreme Court has asserted that individuals have the right to litigate against government agencies under the Fair Credit Reporting Act. This ruling hinges on the interpretation of the term “person” in the Act’s 1970 version, which according to the justices, adequately relinquishes the government’s immunity.
This interpretation of law by the Supreme Court exposes government agencies to potential lawsuits for contraventions of the Fair Credit Reporting Act. It reaffirms individuals’ rights to seek legal remedy, as stipulated by the Act, unrestricted by state immunity.
Interestingly, this is not the first time the Fair Credit Reporting Act has found itself at the center of lawsuits involving intricate questions on the law. Previous cases have brought to focus other aspects of the Act such as fair information practices, accuracy, and privacy of information. This case, however, casts the spotlight squarely on the definition of the word ‘person’.
Additional details of the legal judgment can be found on Law360.