Carroll v. Equifax Information Services

Background

Estelle Kevett Carroll, who is representing herself, brought this action against Equifax Information Services, LLC under the Fair Credit Reporting Act, a federal law governing consumer credit reporting. In an earlier order, the court allowed Carroll to proceed without prepaying filing fees.

Service of the lawsuit

A person allowed to proceed without prepaying fees may rely on court assistance and the U.S. Marshals Service to serve the defendant. The court therefore instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Equifax, issue a summons, and deliver the necessary paperwork to the Marshals Service.

The court explained that the usual 90-day service period could not begin when Carroll filed the complaint because service could not occur until the court reviewed the complaint and issued the summons. The court extended the service period to 90 days after the summons is issued. If service is not completed during that period, Carroll should ask for more time. The court also directed Carroll to notify it in writing of any address change and warned that the action could be dismissed if she fails to do so.

Ruling

Judge Gregory H. Woods ordered the Clerk to issue the summons, complete the service form, and deliver the required documents to the U.S. Marshals Service. The Clerk was also directed to mail Carroll an information package. This order addressed service and case administration; it did not decide whether Carroll’s Fair Credit Reporting Act claims are valid.