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State Bar of Michigan
Thunderhead Ranch

US Supreme Court Greenlights FCRA Claims Against Department of Education!

On Thursday February 9, 2024, the US Supreme Court ruled that the Fair Credit Reporting Act (FCRA) effectively waived sovereign immunity for government actors who violate that statute.   In years past, a variety of state and federal agencies, most notably the Department of Education (DOE), have claimed that they are immune from suit under the provisions of the FCRA.  Litigation of this issue has become particularly problematic for consumers who have been the victim of ID Theft to open student loans.  While some Circuit Courts had allowed the consumers to seek redress, the vast majority had their suits against the DOE rejected based on sovereign immunity. 
This new decision from the Supreme Court confirms that consumers who are identity theft victims suffering from false credit reporting by the DOE can seek a remedy for damage to their credit.  This same decision also clears the way for suits against state agencies that report false child support debts.  If you have been the victim of identity theft to open a student load, call our office for a free case evaluation.  (888) 400-CREDit | (888) 400-2733.
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