27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Tamayo v. Blagojevich
526 F.3d 1074 (7th Cir. 2008) Cited 3,095 times 6 Legal Analyses
Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "
Swanson v. Citibank
614 F.3d 400 (7th Cir. 2010) Cited 2,099 times 2 Legal Analyses
Holding plaintiff stated a claim under § 3605
Henson v. CSC Credit Services
29 F.3d 280 (7th Cir. 1994) Cited 958 times 2 Legal Analyses
Holding that "[i]n order to state a claim under 15 U.S.C § 1681e(b), a consumer must sufficiently allege that a credit reporting agency prepared a report containing 'inaccurate' information"
Federal Trade Commission v. Sperry & Hutchinson Co.
405 U.S. 233 (1972) Cited 541 times 6 Legal Analyses
Holding that legally proper practice can still violate Federal Trade Commission Act
Satterfield v. Simon Schuster
569 F.3d 946 (9th Cir. 2009) Cited 428 times 25 Legal Analyses
Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable
Levenstein v. Salafsky
164 F.3d 345 (7th Cir. 1998) Cited 463 times
Holding that constructively discharged medical school professor who essentially alleged that procedures were "a sham through and through" sufficiently alleged a due process violation
Ruth v. Triumph Partnerships
577 F.3d 790 (7th Cir. 2009) Cited 320 times 4 Legal Analyses
Holding that a notice claiming a right to collect and/or share information about the debtor “to the extent permitted by law” was misleading because there are no circumstances under which the law actually permits dissemination of a debtor's information
Montgomery v. Huntington Bank
346 F.3d 693 (6th Cir. 2003) Cited 378 times
Holding the definition of debt collector “does not include the consumer's creditors”
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 30,011 times 181 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,259 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1325 - Confirmation of plan
11 U.S.C. § 1325 Cited 6,861 times 18 Legal Analyses
Determining applicable commitment period
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,811 times 744 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Section 815 ILCS 505/1
815 ILCS 505/1 Cited 2,216 times 14 Legal Analyses
Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"
Section 815 ILCS 505/2
815 ILCS 505/2 Cited 1,416 times 13 Legal Analyses
Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"

Ananthapadmanabhan et al v. BSI Financial Services, Inc.

27 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

Holding plaintiff stated a claim under § 3605

Holding that "[i]n order to state a claim under 15 U.S.C § 1681e(b), a consumer must sufficiently allege that a credit reporting agency prepared a report containing 'inaccurate' information"

Holding that legally proper practice can still violate Federal Trade Commission Act

Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

Holding that constructively discharged medical school professor who essentially alleged that procedures were "a sham through and through" sufficiently alleged a due process violation

Holding that a notice claiming a right to collect and/or share information about the debtor “to the extent permitted by law” was misleading because there are no circumstances under which the law actually permits dissemination of a debtor's information

Holding the definition of debt collector “does not include the consumer's creditors”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Determining applicable commitment period

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"