Poulson v. Experian Information Solutions, Inc.

Background

Shannon Poulson brought this action under the Fair Credit Reporting Act, a federal law governing consumer credit reporting. The opinion states that Poulson was incarcerated in FCI Otisville and was proceeding without a lawyer. The defendants are Experian Information Solutions, Inc. and R&B Corporation of Virginia.

In an order dated April 23, 2021, the court allowed Poulson to proceed without paying court fees upfront. In this order, the court addressed how the defendants would receive formal notice of the lawsuit, rather than deciding the alleged Fair Credit Reporting Act violations.

Service of Process

The court explained that a plaintiff proceeding without paying fees upfront may rely on the court and the U.S. Marshals Service to serve the summons and complaint. Although the usual deadline under Federal Rule of Civil Procedure 4 is 90 days after the complaint is filed, the court extended Poulson’s service deadline to 90 days after the summonses are issued because he could not serve the defendants before the court reviewed the complaint and ordered the summonses issued.

The court also stated that prisoners must still pay the full filing fee over time even when they are allowed to proceed without paying it upfront. If service is not completed within the extended period, the opinion directs Poulson to request more time. It also requires Poulson to notify the court in writing if his address changes and warns that the action may be dismissed if he fails to do so.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Poulson a copy of the order and an information package. The order did not rule on the merits of Poulson’s Fair Credit Reporting Act claims.

Judge Vincent L. Briccetti signed the order on April 26, 2021.