Eversheds Sutherland 11th Circuit Business Blog
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No Willful Violation of Fair Credit Reporting Act If Report Technically Accurate, Even If Misleading, Given Split on “Maximum Possible Accuracy”

In Pedro v. TransUnion LLC, 2017 WL 3623926 (11th Cir. Aug. 24, 2017), the Eleventh Circuit concluded that a consumer reporting agency did not adopt an “objectively unreasonable interpretation” of the Fair Credit Reporting Act (“FCRA”) when it stated on a consumer’s credit report that she was an authorized user of her parents’ credit card account (which later went into default) and...

A Furnisher of Credit Data Must Make a Reasonable Investigation in Response to an Indirect Dispute, and Review of “Account-Level Documentation” May Be Required

In Hinkle v. Midland Credit Management, Inc., 2016 WL 3672112 (11th Cir. July 11, 2016), the Eleventh Circuit, addressing an issue of first impression, reversed summary judgment in favor of a credit data furnisher—a “down-the-line” buyer of charged-off debt—which had not requested or reviewed underlying account information after receiving a dispute from a consumer reporting agency...