Cochran v. Equifax Information Services LLC
- John Koeltl
- 1:24-cv-01807
- U.S. District Court · Southern District of New York
- 4
In Cochran v. Equifax, Judge Koeltl ordered Marshals to serve Equifax after allowing Cochran to proceed without paying fees.
Thomasina Tara Cochran and Equifax Information Services, LLC; the order directs the Clerk of Court and the U.S. Marshals Service to facilitate service of the lawsuit.
What happened
In Cochran v. Equifax Information Services LLC, Thomasina Tara Cochran, who is representing herself, claims Equifax reported incomplete and inaccurate information on her credit report under the Fair Credit Reporting Act.
The court had allowed Cochran to proceed without paying court fees. Because of that, she may rely on the court and the U.S. Marshals Service to serve Equifax, rather than arranging service herself.
Judge John G. Koeltl ordered the Clerk of Court to issue a summons, prepare the service paperwork, and provide the documents to the Marshals Service. The order did not decide whether Equifax’s credit reporting was unlawful.
The detailed version
- Cochran v. Equifax Information Services LLC · No. 1:24-cv-01807
- John Koeltl
- Mar. 14, 2024
Background
Thomasina Tara Cochran filed this action against Equifax Information Services, LLC under the Fair Credit Reporting Act, a federal law governing consumer credit reports. She alleges that Equifax reported incomplete and inaccurate information on her credit report. Cochran is proceeding without a lawyer.
In an earlier order dated March 11, 2024, the court granted Cochran permission to proceed without prepaying court fees. This status is commonly called proceeding in forma pauperis, or IFP.
Service of Process
Because Cochran was granted IFP status, the court explained that she may rely on the court and the U.S. Marshals Service to serve Equifax with the summons and complaint. The court extended the service deadline to 90 days after the summons is issued because Cochran could not serve the papers before the court reviewed the complaint and ordered a summons.
The Clerk of Court was instructed to issue a summons for Equifax, complete the U.S. Marshals Service Process Receipt and Return form, and deliver the necessary paperwork to the Marshals Service. The order identifies Equifax’s service address as c/o Corporation Service Company, 80 State Street, Albany, New York 12207.
Ruling and Effect
The court issued an order of service. If the complaint is not served within 90 days after the summons is issued, Cochran should request more time. She must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.
The order concerns service and court administration only. It does not decide whether Equifax reported inaccurate or incomplete information, whether Equifax violated the Fair Credit Reporting Act, or any other merits issue.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.