Doe v. Chao, 540 U.S. 614, 14 (2004)

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Cite as: 540 U. S. 614 (2004)

Ginsburg, J., dissenting

lative history will rarely override a reasonable interpretation of a statute that can be gleaned from its language and legislative history prior to its enactment,' " Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, 531 U. S. 159, 170, n. 5 (2001) (quoting Consumer Product Safety Comm'n v. GTE Sylvania, Inc., 447 U. S. 102, 118, n. 13 (1980)).11

V

The "entitle[ment] to recovery" necessary to qualify for the $1,000 minimum is not shown merely by an intentional or willful violation of the Act producing some adverse effect. The statute guarantees $1,000 only to plaintiffs who have suffered some actual damages.12 The judgment of the Fourth Circuit is affirmed.

It is so ordered.

Justice Ginsburg, with whom Justice Stevens and Justice Breyer join, dissenting.

In this Privacy Act suit brought under 5 U. S. C. § 552a(g)(1)(D), the Government concedes the alleged viola-11 In support of Doe's position, Justice Ginsburg's dissent also cites another item of extratextual material, an interpretation of the Privacy Act that was published by the Office of Management and Budget in 1975 as a guideline for federal agencies seeking to comply with the Act. Post, at 633. The dissent does not claim that any deference is due this interpretation, however, and we do not find its unelaborated conclusion persuasive.

12 The Courts of Appeals are divided on the precise definition of actual damages. Compare Fitzpatrick v. IRS, 665 F. 2d 327, 331 (CA11 1982) (actual damages are restricted to pecuniary loss), with Johnson v. Department of Treasury, IRS, 700 F. 2d 971, 972-974 (CA5 1983) (actual damages can cover adequately demonstrated mental anxiety even without any outof-pocket loss). That issue is not before us, however, since the petition for certiorari did not raise it for our review. We assume without deciding that the Fourth Circuit was correct to hold that Doe's complaints in this case did not rise to the level of alleging actual damages. We do not suggest that out-of-pocket expenses are necessary for recovery of the $1,000 minimum; only that they suffice to qualify under any view of actual damages.

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