Hintermaier v. Equifax Information Services, LLC
- Andrew Carter
- 1:24-cv-09697
- U.S. District Court · Southern District of New York
- 4
In Hintermaier v. Equifax, Judge Carter ordered U.S. Marshals service and granted electronic filing in Hintermaier’s credit-reporting suit.
Mirela Hintermaier and the defendants Equifax Information Services, LLC, Experian Information Solutions, Inc., and TransUnion, LLC; the Clerk of Court and U.S. Marshals Service were directed to take steps for service.
What happened
In Hintermaier v. Equifax Information Services, LLC, Mirela Hintermaier, who is representing herself, sued Equifax Information Services, Experian Information Solutions, and TransUnion under the Fair Credit Reporting Act, alleging inaccurate reporting about her credit accounts.
Because the court had allowed Hintermaier to proceed without paying filing fees, it ordered the Clerk and U.S. Marshals Service to issue summonses and serve the defendants. The court also granted her permission to file documents electronically and explained that future court documents would be delivered by email after she registered.
The order did not decide whether the credit reporting was accurate or whether Hintermaier’s claims were valid. Judge Andrew L. Carter, Jr. directed the Clerk to arrange service and mail Hintermaier an information package.
The detailed version
- Hintermaier v. Equifax Information Services, LLC · No. 1:24-cv-09697
- Andrew Carter
- Jan. 13, 2025
Background
Mirela Hintermaier, appearing without a lawyer, brought claims under the Fair Credit Reporting Act (FCRA), a federal law governing credit reporting. She alleged that Equifax Information Services, LLC, Experian Information Solutions, Inc., and TransUnion, LLC failed to accurately report information about her credit accounts. The court had previously granted her permission to proceed without prepaying filing fees.
Service of Process
Because Hintermaier was proceeding without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and send the necessary paperwork to the Marshals Service. The court also stated that the time for service would run for 90 days after the summonses were issued, rather than from the date the complaint was filed. It stated that Hintermaier should request an extension if service was not completed within that period and that she must notify the court in writing if her address changes.
Electronic Filing and Disposition
The court granted Hintermaier’s motion for permission to file documents electronically. After she registered, court and party documents would be served by electronic notice to her designated email address rather than by postal mail. The court directed the Clerk to issue summonses, complete the service forms, deliver the service materials to the Marshals Service, and mail Hintermaier an information package. This order addressed service and filing procedures; it did not decide the merits of her FCRA allegations. Judge Andrew L. Carter, Jr. signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.