Whether the Fair Credit Reporting Act authorizes consumers to file civil suits against federal governmental agencies under 15 U.S.C. § 1681n and §1681o

QUESTION PRESENTED: 1. The Fair Credit Reporting Act provides that any “person” who willfully or negligently violates its duties to consumers under the statute is liable to those consumers for actual damages, statutory damages, punitive damages, costs and attorney fees. 15 U.S.C. § 1681n and § 1681o. The definition of “person” under FCRA includes “any ... government or governmental subdivision or agency.” § 1681a(b). Respondent USDE seeks to avoid liability under FCRA on the basis of sovereign immunity. The question presented, upon which circuits are divided, is: Whether the Fair Credit Reporting Act authorizes consumers to file civil suits against federal governmental agencies under 15 U.S.C. § 1681n and §1681o.