Tyson v. Green Dot Corporation

Background

Sheila Tyson, who was representing herself, brought an action under the Electronic Fund Transfer Act, 15 U.S.C. § 1693 and following sections. She alleged that Green Dot Corporation and Green Dot Bank violated her rights in connection with a disputed withdrawal from her bank account.

The court had granted Tyson permission to proceed without paying filing fees. This status is commonly called proceeding in forma pauperis. Because Tyson had that status, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants.

Service Order

The court extended the deadline for service under Federal Rule of Civil Procedure 4(m) to 90 days after summonses are issued. It explained that Tyson could not have served the summonses and complaint before the court reviewed the complaint and ordered the summonses issued. The court stated that, if service was not completed within that period, Tyson should request an extension of time.

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 paperwork to the Marshals Service. The order identified service addresses for Green Dot Corporation and Green Dot Bank. It also required Tyson to notify the court in writing if her address changes and stated that the court may dismiss the action if she fails to do so.

Disposition and Significance

The court entered an order directing issuance of summonses and service through the Marshals Service. It did not decide whether the defendants violated the Electronic Fund Transfer Act or otherwise rule on the merits of Tyson’s claims.