The U.S. Supreme Court will consider whether plaintiffs can sue the federal government under the Fair Credit Reporting Act, taking up the U.S. Department of Agriculture’s appeal in a case over a rural housing loan program.

In a short order Tuesday, the justices said they will review a U.S. Court of Appeals for the Third Circuit decision that Congress, in enacting the FCRA, abrogated the federal government’s sovereign immunity and let plaintiffs sue agencies for damages for violating the consumer protection law.