Hinkle v. Midland Credit Mgmt., No. 15-10398 (11th Cir. 2016)Annotate this Case
Plaintiff filed suit against Midland, alleging claims under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq., and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. Plaintiff claims that Midland erroneously attributed debts to her, reported the debts to Experian, Equifax, and TransUnion credit reporting agencies (the CRAs), and failed to properly verify the debts when plaintiff disputed their validity. The district court held that no reasonable jury could find that Midland violated the FCRA or the FDCPA with respect to plaintiff. The court held that a reasonable jury could find that Midland willfully violated section 1681s-2(b) when it reported the GE/Meijer and T-Mobile accounts as “verified” without obtaining sufficient documentation that the debts in fact belonged to plaintiff. The court reversed as to this claim and affirmed as to all other claims.