Teri Lynn Hinklev.Midland Credit Management, Inc., et al.
Teri Lynn Hinkle disputed a debt that Midland Credit Management reported to a consumer-reporting agency and asserted claims under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. The district court granted Midland summary judgment on all claims. The Eleventh Circuit affirmed most of that judgment but reversed and remanded Hinkle’s claim under the Fair Credit Reporting Act provision governing a furnisher’s investigation after receiving notice of a dispute. The court held that the record could allow a reasonable jury to find that Midland’s investigation was inadequate because it relied on limited electronic data, did not obtain account-level documentation, and treated the account as collectible despite information indicating that the debt was disputed. Whether Midland’s investigation was reasonable was a factual question for the jury, not an issue the court could resolve on summary judgment. The panel rejected Hinkle’s other claims, including her remaining reporting and collection theories, and left those rulings intact. The final disposition was affirmed in part, reversed in part, and remanded for further proceedings on the surviving Fair Credit Reporting Act claim.
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