Perry v. Exeter Finance LLC
2:25-cv-01552
| D. Ariz. | Jun 30, 2025Background
- Plaintiff Carissa Perry, proceeding pro se, filed a complaint and an application to proceed in forma pauperis after obtaining a car loan in July 2020, resulting in her car's repossession in 2023.
- Perry and Defendants executed a written Settlement Agreement in October 2024 which resulted in a debt cancellation and issuance of an IRS Form 1099-C.
- Plaintiff alleges that Defendants continued reporting derogatory credit data even after the debt was cancelled and agreement executed.
- Claims include violations of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA), citing denial of financial opportunities, rental expenses, and reputational harm.
- Plaintiff sought emergency injunctive relief to prevent Defendants from accessing or reporting her credit information and requested alternative service methods.
- The court granted in forma pauperis status and screened the complaint, allowing it to proceed; injunctive relief was denied, and alternative service was only partially granted with U.S. Marshals to effectuate service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| In forma pauperis proceeding | Perry meets requirements for IFP status | No objection stated | Granted |
| Sufficiency of Complaint | Facts support FCRA and FDCPA violations, harm claimed | Not reached at screening stage | Sufficient to proceed past screening |
| Temporary injunctive relief | Immediate irreparable harm from credit reporting | Not reached at this stage | Denied; harm is economic and remediable |
| Alternative service of process | Seeks certified mail/email due to alleged retaliation | Not reached at this stage | Granted in part; U.S. Marshals to serve |
Key Cases Cited
- Wilhelm v. Rotman, 680 F.3d 1113 (9th Cir. 2012) (explains low threshold for pro se complaints to proceed past screening)
- Lopez v. Brewer, 680 F.3d 1068 (9th Cir. 2012) (preliminary injunction is an extraordinary remedy, requiring clear showing by movant)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008) (sets standard for grant of preliminary injunction—irreparable harm must be shown)