73 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 242,263 times 39 Legal Analyses
Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,260 times 623 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,569 times 7 Legal Analyses
Holding that the right of expression does not permit selecting law firm partners in violation of Title VII
United States v. Salerno
481 U.S. 739 (1987) Cited 5,738 times 16 Legal Analyses
Holding that a facial challenger "must establish that no set of circumstances exists under which the Act would be valid"
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,478 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
Medtronic, Inc. v. Lohr
518 U.S. 470 (1996) Cited 2,472 times 35 Legal Analyses
Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
Auer v. Robbins
519 U.S. 452 (1997) Cited 2,388 times 100 Legal Analyses
Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
Reno v. Flores
507 U.S. 292 (1993) Cited 1,784 times 2 Legal Analyses
Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing
Wyatt v. Cole
504 U.S. 158 (1992) Cited 1,565 times 1 Legal Analyses
Holding that qualified immunity applies to claims under Section 1983
Crosby v. Nat'l Foreign Trade Council
530 U.S. 363 (2000) Cited 1,025 times 9 Legal Analyses
Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"
Section 706 - Scope of review
5 U.S.C. § 706 Cited 21,076 times 233 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,940 times 55 Legal Analyses
Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,580 times 199 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,341 times 83 Legal Analyses
Defining debt collector
Section 1640 - Civil liability
15 U.S.C. § 1640 Cited 4,989 times 28 Legal Analyses
Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
Section 1 - Trusts, etc., in restraint of trade illegal; penalty
15 U.S.C. § 1 Cited 3,267 times 79 Legal Analyses
Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
Section 1691 - Scope of prohibition
15 U.S.C. § 1691 Cited 1,764 times 60 Legal Analyses
Providing that it is unlawful "for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction . . . because all or part of the applicant's income derives from any public assistance program"
Section 1681a - Definitions; rules of construction
15 U.S.C. § 1681a Cited 1,532 times 64 Legal Analyses
Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)
Section 6801 - Protection of nonpublic personal information
15 U.S.C. § 6801 Cited 508 times 52 Legal Analyses
Limiting information sharing by financial institutions without prior consent by customers
Section 1691e - Civil liability
15 U.S.C. § 1691e Cited 500 times 9 Legal Analyses
Holding "[a]ny creditor who fails to comply" liable, with creditors defined within § 1691a(e) as persons
Section 202.2 - Definitions
12 C.F.R. § 202.2 Cited 303 times 6 Legal Analyses
Defining "extend credit and extension of credit" to include "the refinancing or other renewal of credit."
Section 202.1 - Authority, scope and purpose
12 C.F.R. § 202.1 Cited 72 times 1 Legal Analyses
Stating that the purpose of Regulation B is "to promote the availability of credit to all creditworthy applicants without regard to ... sex [or] marital status. ..."
Section 225.28 - List of permissible nonbanking activities
12 C.F.R. § 225.28 Cited 12 times 8 Legal Analyses
(a)Closely related nonbanking activities. The activities listed in paragraph (b) of this section are so closely related to banking or managing or controlling banks as to be a proper incident thereto, and may be engaged in by a bank holding company or its subsidiary in accordance with the requirements of this regulation. (b)Activities determined by regulation to be permissible - (1)Extending credit and servicing loans. Making, acquiring, brokering, or servicing loans or other extensions of credit
Section 202.10 - Furnishing of credit information
12 C.F.R. § 202.10 Cited 9 times
(a)Designation of accounts. A creditor that furnishes credit information shall designate: (1) Any new account to reflect the participation of both spouses if the applicant's spouse is permitted to use or is contractually liable on the account (other than as a guarantor, surety, endorser, or similar party); and (2) Any existing account to reflect such participation, within 90 days after receiving a written request to do so from one of the spouses. (b)Routine reports to consumer reporting agency. If
Section 202.3 - Limited exceptions for certain classes of transactions
12 C.F.R. § 202.3 Cited 8 times
(a)Public utilities credit - (1)Definition. Public utilities credit refers to extensions of credit that involve public utility services provided through pipe, wire, or other connected facilities, or radio or similar transmission (including extensions of such facilities), if the charges for service, delayed payment, and any discount for prompt payment are filed with or regulated by a government unit. (2)Exceptions. The following provisions of this regulation do not apply to public utilities credit:
Section 681.1 - Duties regarding the detection, prevention, and mitigation of identity theft
16 C.F.R. § 681.1 Cited 7 times 7 Legal Analyses
(a)Scope. This section applies to financial institutions and creditors that are subject to administrative enforcement of the FCRA by the Federal Trade Commission pursuant to 15 U.S.C. 1681s(a)(1) . (b)Definitions. For purposes of this section, and Appendix A, the following definitions apply: (1)Account means a continuing relationship established by a person with a financial institution or creditor to obtain a product or service for personal, family, household or business purposes. Account includes:
Section 681.2 - Duties of card issuers regarding changes of address
16 C.F.R. § 681.2 3 Legal Analyses
(a)Scope. This section applies to a person described in § 681.1(a) that issues a debit or credit card (card issuer). (b)Definitions. For purposes of this section: (1)Cardholder means a consumer who has been issued a credit or debit card. (2)Clear and conspicuous means reasonably understandable and designed to call attention to the nature and significance of the information presented. (c)Address validation requirements. A card issuer must establish and implement reasonable policies and procedures

American Bar Association v. Federal Trade Commission

73 Cited authorities

Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that the right of expression does not permit selecting law firm partners in violation of Title VII

Holding that a facial challenger "must establish that no set of circumstances exists under which the Act would be valid"

Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

Holding that qualified immunity applies to claims under Section 1983

Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Recognizing the need to protect "the consumer's right to privacy"

Defining debt collector

Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

Providing that it is unlawful "for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction . . . because all or part of the applicant's income derives from any public assistance program"

Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

Limiting information sharing by financial institutions without prior consent by customers

Holding "[a]ny creditor who fails to comply" liable, with creditors defined within § 1691a(e) as persons

Defining "extend credit and extension of credit" to include "the refinancing or other renewal of credit."

Stating that the purpose of Regulation B is "to promote the availability of credit to all creditworthy applicants without regard to ... sex [or] marital status. ..."