Jerry Lynn Recker v. Experian Information Solutions, Inc., et al.

Summary

The court grants Jerry Lynn Recker’s application to proceed in forma pauperis and conducts the required initial review under 28 U.S.C. § 1915(e)(2). The court concludes that the pro se complaint states colorable claims under the Fair Credit Reporting Act against Experian, Equifax, and TransUnion, including claims concerning inaccurate reporting, inadequate reinvestigation, and deficient descriptions of verification procedures. The action will proceed, with the Clerk directed to issue service packets and the case referred to a magistrate judge for further proceedings.

Holdings

1. The plaintiff demonstrated that he could not pay the $405 civil filing fee without undue hardship, so the application to proceed in forma pauperis was granted.
2. The complaint stated colorable, nonfrivolous claims under the FCRA, and the claims were allowed to proceed for further development.

Questions Presented

1. Whether Recker qualified to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether the complaint stated plausible, nonfrivolous claims under the Fair Credit Reporting Act sufficient to survive initial screening under 28 U.S.C. § 1915(e)(2)(B).
3. Whether the Clerk should issue service packets and the case should proceed to service and further pretrial proceedings.

Disposition

other