Array Says Whistleblowers Shouldn’t Be Able to Sue Under False Claims Act

Three Supreme Court justices have said there are 'substantial questions' on the issue.

Array Says Whistleblowers Shouldn’t Be Able to Sue Under False Claims Act
Photo of Supreme Court Justice Brett Kavanaugh by Alex Brandon/AP

WASHINGTON, Jan. 23, 2026 – Federal judges should find that whistleblowers can’t sue for fraud under the False Claims Act, Array Digital Infrastructure argued Thursday. 

An AT&T subsidiary has made a similar argument, and three conservative Supreme Court justices have signalled they’re open to it.

Array, which went by UScellular until it sold its wireless operations to T-Mobile, told a U.S. District Court for the District of Columbia judge that she should dismiss a fraud suit against the company partly because the whistleblowers bringing the suit shouldn’t be able to sue in the first place.

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