Francis v. Experian Information Solutions Inc
6:25-cv-01145
W.D. La.Aug 12, 2025Background
- Plaintiff Devonte Francis alleges violations of multiple federal statutes, including the Fair Credit Reporting Act (FCRA), by various defendants, notably Experian Information Solutions.
- Francis claims he is a federally recognized trafficking victim and asserts that defendants must permanently suppress sixteen credit tradelines tied to his identity.
- He asserts that defendants’ failure to do so is causing him irreparable harm: emotional distress, monetary losses, and heightened risk of financial exploitation.
- Francis filed motions for a preliminary injunction, a temporary restraining order (TRO), an expedited hearing, and for service of process by the U.S. Marshal.
- The court reviewed these motions at an early stage, before service upon or appearance by the defendants.
- The court denied immediate injunctive and service relief, but referred the preliminary injunction motion for further proceedings post-service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TRO under FCRA and other statutes | Francis argues immediate injunctive relief is necessary to prevent irreparable harm from credit reporting relating to trafficking victim status | N/A (not yet served) | Denied; only the FTC may seek injunctive relief against CRAs under FCRA per 5th Cir. precedent |
| Service by U.S. Marshal | Special service is justified by urgency, complexity, risk of evasion, and multi-jurisdictional defendants | N/A (not yet served) | Denied; not warranted where plaintiff is not IFP and private service feasible |
| Expedited hearing | Relief should be expedited due to ongoing harm | N/A | Denied, as TRO relief was unwarranted |
| Preliminary injunction | Defendants must suppress certain tradelines to prevent ongoing injury | N/A | Referral to magistrate judge for merits determination after service |
Key Cases Cited
- Washington v. CSC Credit Servs., Inc., 199 F.3d 263 (5th Cir. 2000) (only FTC may seek injunctive relief under the FCRA)
- City of El Cenizo, Tex. v. Texas, 890 F.3d 164 (5th Cir. 2018) (preliminary injunction elements are fourfold: likelihood of success, irreparable harm, balance of harms, public interest)