12 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Carvalho v. Equifax Information Services, LLC
629 F.3d 876 (9th Cir. 2010) Cited 1,106 times 4 Legal Analyses
Holding that "other paper" does not include documents received prior to the receipt of the initial pleading; thus, plaintiff's settlement demand letter predating the filing of her complaint did not trigger a thirty-day removal period
Yuhasz v. Brush Wellman, Inc.
341 F.3d 559 (6th Cir. 2003) Cited 595 times 1 Legal Analyses
Holding that the complaint at issue did not comply with Rule 9(b) inasmuch as it failed to "identify specific parties, contracts, or fraudulent acts"
E.E.O.C. v. J.H. Routh Packing Co.
246 F.3d 850 (6th Cir. 2001) Cited 405 times
Holding that "the Rules require [a complaint to contain] . . . a short and plain statement of the claim that will give the defendant fair notice of what the plaintiff's claim is . . . ."
Cahlin v. General Motors Acceptance Corp.
936 F.2d 1151 (11th Cir. 1991) Cited 324 times
Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures
Deandrade v. Trans Union LLC
523 F.3d 61 (1st Cir. 2008) Cited 180 times 3 Legal Analyses
Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"
Spence v. TRW, Inc.
92 F.3d 380 (6th Cir. 1996) Cited 66 times
Holding that plaintiff could not prevail on his § 1681e(b) claim "without proving the information in question was inaccurate"
Wickstrom v. Experian
Case No. 1:09-cv-591 (W.D. Mich. Jul. 1, 2010) Cited 2 times
Granting summary judgment to Experian on claimed inaccuracies for which the "[p]laintiff's correspondence lacked sufficient clarity to provide notice to defendant that he was claiming that there were other inaccuracies and that he was demanding that they be corrected
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 344,855 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1681i - Procedure in case of disputed accuracy
15 U.S.C. § 1681i Cited 1,439 times 25 Legal Analyses
Relating to indirect disputes
Section 1681e - Compliance procedures
15 U.S.C. § 1681e Cited 1,339 times 61 Legal Analyses
Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

Bailey v. Equifax Information Services, LLC et al

12 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that "other paper" does not include documents received prior to the receipt of the initial pleading; thus, plaintiff's settlement demand letter predating the filing of her complaint did not trigger a thirty-day removal period

Holding that the complaint at issue did not comply with Rule 9(b) inasmuch as it failed to "identify specific parties, contracts, or fraudulent acts"

Holding that "the Rules require [a complaint to contain] . . . a short and plain statement of the claim that will give the defendant fair notice of what the plaintiff's claim is . . . ."

Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures

Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"

Holding that plaintiff could not prevail on his § 1681e(b) claim "without proving the information in question was inaccurate"

Granting summary judgment to Experian on claimed inaccuracies for which the "[p]laintiff's correspondence lacked sufficient clarity to provide notice to defendant that he was claiming that there were other inaccuracies and that he was demanding that they be corrected

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

Relating to indirect disputes

Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes