Please note: This is not being provided as legal advice, just some of the wisdom that I've been given from the U.S. States Attorney, and the U.S. District Court through my year-long suit. So, you want to sue the Federal Government! Did you know the Federal Government is one of the largest data furnishers to consumer reporting agencies, and one of the largest processors of credit card transactions. Both of which are governed under the Fair Credit Reporting Act. But did you also know that unlike every other data furnisher, or credit card transacting entity, the Federal Government claims a specific immunity to law suit, called Sovereign Immunity. If you've drafted a suit where the Federal Government or any agency thereof is reporting to your credit report, i.e. your mortgage, student loans, or any other form of government debt, and they are reporting it incorrectly, or as in the case of Bormes v. United States, where the government violated the provisions of the FCRA, which relate to printing account numbers on credit card receipts, you need to do just a little bit more work to allow your case to survive the U.S. States Attorney's Motion to Dismiss, which will inevitably come to you, immediately. The Declaratory Judgement Act and the Administrative Procedures Act allows for the court to include a remedy called Declaratory Relief, which simply is a court ruling that declares something as a finding of the court. An interesting article, January 1, 1989's title says it all... "THE TROJAN HORSE: HOW THE DECLARATORY JUDGEMENT ACT CREATED A CAUSE OF ACTION AND EXPANDED FEDERAL JURISDICTION WHILE THE SUPREME COURT WASN'T LOOKING" by Donald L. Doernberg, and Michael B. Mushlin. http://digitalcommons.pace.edu/cgi/...wcontent.cgi?article=1048&context=lawfaculty" The Administrative Procedures Act provides a right to have "a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action" under any relevant statute the opportunity to have "judicial review" of the discrepancy.
Wanted to take a break to make sure I fell under the 1,000 character limit... So, in your paragraph(s) requesting damages, presuming that you are also suing one or more other parties, such as the consumer reporting agencies that didn't take meaningful safeguards to ensure the governments compliance with the FCRA, by ensuring that the data submitted was 100% complete, accurate, and verifiable. Which would be the maximum monetary damages for negligent non-compliance. Which the Government would object to, which is why you only want to include this form of relief with a second party. Please note, the third type of remedy, injunctive relief, is allegedly precluded by 20 U.S.C. 1082(a)(2), which provides, in pertinent part, that "no injunction... shall be issued against the Secretary or property under the Secretary's control..." I decided to take that at face-value, and only focus on one matter that I may have to take all the way up to, as Bourmes v. United States had to go to, the United States Supreme Court.
