Pettigrew v. BAYVIEW SOLUTIONS LLC

Background

Davy Pettigrew, who is representing himself, brought claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and New York General Business Law § 349. He alleges that Bayview Solutions LLC accessed his Experian consumer report without a permissible purpose.

The court had previously allowed Pettigrew to proceed without prepaying filing fees. Because he was proceeding without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve Bayview. Pettigrew later notified the court that he had obtained a corrected address for service and filed an amended complaint containing that address.

Order

The court instructed the Clerk of Court to issue an amended summons for Bayview, complete the U.S. Marshals Service Process Receipt and Return form with Bayview’s service address, and deliver the necessary documents to the Marshals Service. The order identified the service address as Bayview Solutions, LLC, care of Registered Agent Solutions, Inc., at 2894 Remington Green Lane, Suite A, Tallahassee, Florida 32308.

The court stated that Pettigrew should request an extension if the complaint is not served within 90 days after the summons is issued. It also directed Pettigrew to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Disposition and Significance

The court entered an order directing service of the amended summons and related documents through the U.S. Marshals Service. It did not rule on the merits of Pettigrew’s claims or determine whether Bayview violated any law. Judge Henry J. Ricardo signed the order as a United States magistrate judge.