Christa Peterson v. Experian Information Solutions, 44 F.4th 1124

Background:

Peterson filed Chapter 7 bankruptcy (filed Mar. 25, 2019) and received a discharge; her schedules listed a Southpoint FCU credit card as an unsecured claim.
On Aug. 30, 2019 Experian issued a credit report showing the discharged *3776 account with a $2,481 balance and delinquency; Experian corrected the account by Oct. 2019.
Peterson applied for a Chase credit card after the inaccurate report and was denied; she later applied again after the correction and was denied again.
Peterson sued Experian under the FCRA § 1681e(b), claiming Experian failed to maintain reasonable procedures and seeking damages for credit denials, reduced credit rating, and emotional distress.
The district court granted summary judgment for Experian on damages; Peterson appealed and the Eighth Circuit affirmed.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Financial damages from credit denial	Experian's erroneous reporting contributed to Chase's denial	Denial was caused by the bankruptcy itself; no evidence the report caused denial or increased borrowing cost	Affirms: plaintiff's deposition blames bankruptcy; later affidavit contradicts deposition and cannot create a genuine fact issue
Damages from diminished credit score	Lower score itself is damaging and warrants recovery	Abstract score diminution is not actual damages absent increased borrowing costs or denial	Affirms: abstract score harm insufficient for actual damages
Emotional distress damages	Wrongful reporting worsened anxiety, depression, sleep, and required counseling/medication	No corroborated, severe injury; no medical treatment admitted; statements are conclusory	Affirms: self‑serving, conclusory statements and lack of corroboration fail to show compensable emotional injury
Use of post‑deposition affidavit to create dispute	Affidavit shows Experian contributed to Chase denial and caused distress	Post‑deposition declaration contradicts sworn deposition and cannot be credited on summary judgment	Affirms: contradictory affidavit disregarded; deposition controls unless properly explained or amended

Key Cases Cited

Starkey v. Amber Enters., Inc., 987 F.3d 758 (8th Cir. 2021) (standard of review for summary judgment)
City of St. Joseph v. Sw. Bell Tel., 439 F.3d 468 (8th Cir. 2006) (contradictory affidavits cannot create fact issues after deposition testimony)
Camfield Tires, Inc. v. Michelin Tire Corp., 719 F.2d 1361 (8th Cir. 1983) (courts may refuse to credit later‑filed affidavits that abandon prior sworn testimony)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment requires more than a scintilla of evidence)
Stine Seed Co. v. A & W Agribusiness, LLC, 862 F.3d 1094 (8th Cir. 2017) (admissions by a party are conclusive unless withdrawn)
Taylor v. Tenant Tracker, Inc., 710 F.3d 824 (8th Cir. 2013) (mental anguish can be actual damages but requires competent evidence)
Millstone v. O'Hanlon Reps., Inc., 528 F.2d 829 (8th Cir. 1976) (emotional distress can be compensable under FCRA)
Forshee v. Waterloo Indus., Inc., 178 F.3d 527 (8th Cir. 1999) (lack of medical treatment and corroboration undercuts emotional‑distress claims)
Smith v. Santander Consumer USA, Inc., 703 F.3d 316 (5th Cir. 2012) (reduction in credit score is abstract harm absent increased cost or denial of credit)
Hauser v. Equifax, Inc., 602 F.2d 811 (8th Cir. 1979) (no damages where adverse actor continued action despite correction of report)
Carey v. Piphus, 435 U.S. 247 (U.S. 1978) (emotional distress must be supported by competent evidence and may be shown by conduct observed by others)
Losch v. Nationstar Mortg. LLC, 995 F.3d 937 (11th Cir. 2021) (distinguishing standing from proof of actual damages under § 1681e(b))
Keiran v. Home Cap., Inc., 858 F.3d 1127 (8th Cir. 2017) (conclusory statements do not create genuine fact disputes)
McKenny v. United States, 973 F.3d 1291 (11th Cir. 2020) (treating sworn interrogatory responses as affidavit‑like on summary judgment)