Catherine Taylor v. Tenant Tracker, Inc.
710 F.3d 824
8th Cir.2013Background
- Taylor and husband applied for Section 8 housing assistance and initially qualified in 2008.
- April 7, 2010, Housing Authority conducted a federal background check via Tenant Tracker; report generated and reviewed with Taylor present.
- Initial report identified potential alias “Chantel Taylor” and a separate Catherine Taylor entry; Wanda crossed out the Chantel entries and noted no tattoo for Catherine Taylor based on tattoo notation.
- Housing Authority promptly resolved concerns within 5–10 minutes and approved the applicants that day.
- Tenant Tracker later ran a second search with additional identifying information and produced a report listing no criminal records; second report sent to Housing Authority on April 8, 2010.
- Taylor and husband ultimately did not receive a Section 8 voucher; Taylor sued Tenant Tracker alleging FCRA violation; district court granted summary judgment for Tenant Tracker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor can recover under the FCRA without showing actual damages. | Taylor claims misreporting violated 1681e(b) and caused damages. | Actual damages required; no competent evidence of injury. | Taylor failed to show actual damages; issue resolved in Tenant Tracker's favor. |
| Whether emotional distress constitutes actual damages under the FCRA and was proven here. | Emotional distress evidenced by upset and embarrassment; supports damages. | Emotional distress must be supported by genuine injury with corroboration. | No genuine injury shown; no compensable damages for emotional distress. |
Key Cases Cited
- Millstone v. O’Hanlon Reports, Inc., 528 F.2d 829 (8th Cir. 1976) (emotional distress may support damages under FCRA where injury is shown)
- Carey v. Piphus, 435 U.S. 247 (U.S. 1978) (requirement of genuine injury for actual damages)
- Forshee v. Waterloo Industries, Inc., 178 F.3d 527 (8th Cir. 1999) (insufficient emotional injury evidence in some FCRA contexts)
- Wantz v. Experian Info. Solutions, 386 F.3d 829 (7th Cir. 2004) (need for competent evidence of actual damages under FCRA)
- Casella v. Equifax Credit Info. Servs., 56 F.3d 469 (2d Cir. 1995) (illustrates standards for damages in credit-report cases)
- Stevenson v. TRW Inc., 987 F.2d 288 (5th Cir. 1993) (emotional distress evidence necessary for damages under FCRA)
- Cortez v. Trans Union, LLC, 617 F.3d 688 (3d Cir. 2010) (evidence of severe anxiety, distress, and related impacts can establish genuine injury)