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United States v. Bormes
''United States v. Bormes'', , is a decision by the Supreme Court of the United States holding that the Little Tucker Act, which provides jurisdiction to federal courts for certain claims brought against the federal government, does not apply to lawsuits brought under the Fair Credit Reporting Act (FCRA).
The Court characterized the Little Tucker Act as merely "gap-filling" and, therefore, superseded when a statute authorizing a claim for damages set forth its own specific enforcement procedures, as did the FCRA. Otherwise, the Court believed, the Little Tucker Act would broadly impose a waiver of sovereign immunity under detailed statutes that did not provide for it. The Court directed the lower court to address on remand whether the FCRA itself authorized a claim for damages against the government for violating its provisions.
== Background ==
The issue came before the Court in the context of a lawsuit brought against the U.S. federal government by an attorney, James X. Bormes, who alleged that, after he paid a federal court filing fee online, he received a receipt that violated a provision of the FCRA by including more of his credit card information than was permitted.〔The FCRA provides, in part, that "no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction." . The definition of person, at §1681a(b), includes a "government or governmental subdivision or agency."〕 Bormes filed a putative class action in the United States District Court for the Northern District of Illinois, claiming jurisdiction under both the FCRA and the Little Tucker Act.〔''United States v. Bormes'', slip op. at 2.〕
The district court dismissed the suit, holding that the FCRA did not waive the federal government's sovereign immunity so as to permit it to be sued under that statute.〔''Bormes v. United States'', 638 F. Supp. 2d 958 (N.D. Ill. 2009).〕 Bormes appealed to the United States Court of Appeals for the Federal Circuit, claiming jurisdiction under the Little Tucker Act; the federal government moved to transfer the suit to the Seventh Circuit on the basis that the Little Tucker Act did not apply.〔The Federal Circuit has exclusive jurisdiction "of an appeal from a final decision of a district court of the United States...if the jurisdiction of that court was based, in whole or in part, on" the Little Tucker Act. .〕 The Federal Circuit denied the government's motion and vacated the district court's decision, ruling that the Little Tucker Act constituted a waiver of sovereign immunity that was applicable to a claim for damages under the FCRA.〔''(Bormes v. United States )'', 626 F. 3d 574, 578 (Fed. Cir. 2010).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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