Cory Singletery v. Equifax Information Services, LLC, No. 12-15408 (11th Cir. 2013)
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Case: 12-15408 Date Filed: 10/03/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15408 ________________________ D.C. Docket No. 2:09-cv-00489-SLB CORY SINGLETERY, individually and on behalf of class of similarly situated persons, Plaintiff - Appellant, versus EQUIFAX INFORMATION SERVICES, LLC, Defendant - Appellee. ________________________ Appeal from the United States District Court for the Northern District of Alabama ________________________ (October 3, 2013) Before CARNES, Chief Judge, TJOFLAT, Circuit Judge, and EVANS, * District Judge. * Honorable Orinda D. Evans, United States District Judge for the Northern District of Georgia, sitting by designation. Case: 12-15408 Date Filed: 10/03/2013 Page: 2 of 2 PER CURIAM: After reading the briefs and the relevant parts of the record, and hearing oral argument, we affirm the district court s judgment based on its thorough and persuasive opinion, with one modification. The district court s opinion states that: Plaintiff has offered nothing to show that he requested a disclosure on the adverse action hotline, apparently crediting Equifax s evidence on that point. The opinion states that it presented evidence that plaintiff, or his father, had not requested an adverse-action disclosure and that it had no record of an adverse action against plaintiff from GE Money. But there was evidence that Singletery requested a disclosure on Equifax s adverse action hotline Singletery s father testified in his deposition that he requested one by speaking or typing in his son s information when he called the 1800 number. At the summary judgment stage, the district court should have taken the testimony of Singletery s father as true. But that error does not undermine the court s conclusion that there was no evidence in the record from which a jury could reasonably conclude that Equifax s failure to provide the adverse notice disclosure was willful. 1 AFFIRMED. 1 Singletery s challenge to the court s denial of his motion for class certification is moot in light of our affirmance of the district court s grant of summary judgment, so we do not consider that issue. 2
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