Pettigrew v. LVNV Funding LLC

Background

Isaac Pettigrew, who is proceeding without a lawyer, brought claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and New York General Business Law § 349. He alleges that LVNV Funding LLC and Resurgent Capital Services LP reported inaccurate information to credit agencies and then failed to reasonably investigate his disputes or update, block, or delete the disputed information from his credit reports.

The court had previously granted Pettigrew permission to proceed without prepaying filing fees. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint.

Order

The court directed the Clerk of Court to complete service forms, issue summonses, and provide the U.S. Marshals Service with the documents needed to serve LVNV and Resurgent. The court also extended the service deadline so that the 90-day period runs from the date the summonses are issued, rather than from the date the complaint was filed.

If service is not completed within that period, Pettigrew should request an extension. He must also notify the court in writing if his address changes; the order states that the action may be dismissed if he fails to do so. The Clerk was directed to mail Pettigrew an information package and a copy of the order, and the order permits him to receive court documents by email if he consents.

What the Order Does Not Decide

This is an order about service of process and case administration. It does not decide whether LVNV or Resurgent violated any law, whether the reported information was inaccurate, or whether Pettigrew will ultimately prevail. Judge Sarah L. Cave signed the order as a United States Magistrate Judge.