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US v. Bormes, 11-192

In an attorney's putative class action against the United States seeking damages under the Fair Credit Reporting Act (FCRA), as well as under the Little Tucker Act, alleging that the electronic receipt he received when paying his client's federal-court filing fee on Pay.gov included the last four digits of his credit card number and the card's expiration date, in willful violation of the FCRA, the judgment of the Federal Circuit reversing the district court's dismissal of the suit, is vacated and remanded where: 1) the Little Tucker Act does not waive the government's sovereign immunity with respect to FCRA damages actions; and 2) where, as in FCRA, a statute contains its own self-executing remedial scheme, only its own text can determine whether Congress unequivocally intended to impose the statute's damages liability on the Federal Government.

Appellate Information

  • Decided 11/13/2012
  • Published 11/13/2012


  • Scalia


  • United States Supreme Court


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