TRW Inc. v. Andrews, 534 U.S. 19, 17 (2001)

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Cite as: 534 U. S. 19 (2001)

Scalia, J., concurring in judgment

ity under the [Act] arises when a consumer reporting agency fails to comply with § 1681e."), and the Government does not join her in advancing it here.

Further, we doubt that the argument, even if valid, would aid Andrews in this case. Her claims alleged willful violations of § 1681e(a) and are thus governed by § 1681n. At the time of the events in question, that provision stated: "Any consumer reporting agency . . . which willfully fails to comply with any requirement imposed under [the Act] with respect to any consumer is liable to that consumer in an amount equal to the sum of . . . any actual damages" and "such amount of punitive damages as the court may allow." 15 U. S. C. § 1681n (1994 ed.). Punitive damages, which Andrews sought in this case, could presumably be awarded at the moment of TRW's alleged wrongdoing, even if "actual damages" did not accrue at that time. On Andrews' theory, then, at least some of the liability she sought to enforce arose when the violations occurred, and the limitations period therefore began to run at that point.

* * *

For the reasons stated, the judgment of the Court of Appeals for the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Scalia, with whom Justice Thomas joins, concurring in the judgment.

As the Court notes, ante, at 26, 27, the Court of Appeals based its decision on what it called the "general federal rule . . . that a federal statute of limitations begins to run when a party knows or has reason to know that she was injured," 225 F. 3d 1063, 1066 (CA9 2000). The Court declines to say whether that expression of the governing general rule is correct. See ante, at 27 ("To the extent such a

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