The Supreme Court of the United States announced its decision in one case this morning:
United States v. Bormes, No. 11-192: Respondent filed suit against the United States, 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 Fair Credit Reporting Act (FCRA), and seeking damages under the Little Tucker Act, which grants district courts jurisdiction on claims against the United States not exceeding $10,000. The district court dismissed the action, holding that FCRA did not waive the government’s sovereign immunity, but the Federal Circuit vacated that decision, holding instead that the Little Tucker Act provided the necessary consent to suit by the government. Today, the Court held that the Little Tucker Act does not waive the government’s sovereign immunity with respect to FCRA damages actions, and remanded for the court of appeals to address whether FCRA itself waives the government’s immunity.
The Court’s decision is available here.