Attorney Craig Perry
FIRM WINS REVERSAL ON APPEAL TO THE 11TH CIRCUIT
On July 11, 2016, the Eleventh Circuit Court of Appeals held that the question of what constituted a reasonable investigation under the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(b), was a question of fact for the jury, as was the question of punitive damages, in light of the facts of this case, which is, that the debt buyer, Midland, did not examine any "account-level documentation" after the Plaintiff reported that these debts did not belong to her.
Attorney Perry filed briefs on behalf of his client in 2015. On May 17, 2016, Mr. Perry argued the case before the 11th Circuit Court of Appeals in Atlanta, Georgia. The Court ruled in favor of Mr. Perry's client, thereby reversing the decision of the District Court Judge who had originally dismissed Ms. Hinkle's case.
"This is a big win for consumers who dispute items on reports that do not belong to them. Down-the-line debt buyers who report debts to the consumer reporting agencies need to conduct a reasonable re-investigation when a consumer complains, and actually review account-level documentation to see whether a mistake has been made. If debt buyer can't verify the debt, their duty is to advise the consumer reporting agencies to delete those trade lines. It's the right thing to do."