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Baye v. Midland Credit Management, Inc. et al

MOTION to Dismiss for Failure to State a Claim

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 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' "

  3. Gonzalez v. Kay

    577 F.3d 600 (5th Cir. 2009)   Cited 1,159 times   1 Legal Analyses
    Holding that some letters are "so deceptive and misleading as to violate the FDCPA as a matter of law," others are not deceptive as a matter of law, and many are somewhere in the middle, requiring further consideration by the district court beyond the initial motion to dismiss phase of the pleadings.

  4. Plotkin v. IP Axess Inc.

    407 F.3d 690 (5th Cir. 2005)   Cited 953 times
    Holding that a plaintiff must plead with “specificity as to the statements (or omissions) considered to be fraudulent, the speaker, when and why the statements were made, and an explanation of why they were fraudulent.”

  5. Thompson v. City of Waco

    764 F.3d 500 (5th Cir. 2014)   Cited 654 times   5 Legal Analyses
    Holding that adverse employment actions only include "ultimate employment decisions such as hiring, firing, demoting, promoting, granting leave, and compensating"

  6. Midland Funding, LLC v. Johnson

    137 S. Ct. 1407 (2017)   Cited 131 times   12 Legal Analyses
    Holding that a debt collector's "filing of a proof of claim [in a bankruptcy proceeding] that on its face indicates that the limitations period has run" does not violate the FDCPA

  7. Donohue v. Quick Collect

    592 F.3d 1027 (9th Cir. 2010)   Cited 460 times   2 Legal Analyses
    Holding that a complaint served on the debtor is a communication subject to the FDCPA

  8. Huertas v. Galaxy Asset Management

    641 F.3d 28 (3d Cir. 2011)   Cited 353 times   6 Legal Analyses
    Holding that the FDCPA prohibits a debt collector from "initiat[ing] or threaten[ing] legal action in connection with its debt collection efforts" for time-barred debt

  9. Jensen v. Pressler

    791 F.3d 413 (3d Cir. 2015)   Cited 282 times   3 Legal Analyses
    Holding that "misstatements must be material to be actionable under § 1692e"

  10. McMillan v. Collection Professionals Inc.

    455 F.3d 754 (7th Cir. 2006)   Cited 359 times
    Holding that a plaintiff's claims under §§ 1692e and 1692f based on the same collection letter should not be dismissed

  11. 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 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,930 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  14. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,120 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  15. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,401 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  16. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,903 times   22 Legal Analyses
    Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

  17. Section 1681c - Requirements relating to information contained in consumer reports

    15 U.S.C. § 1681c   Cited 637 times   58 Legal Analyses
    Reporting certain criminal information older than 7 years

  18. Section 1762 - Examples of circumstances giving rise to a natural obligation

    La. Civ. Code art. 1762   Cited 12 times

    Examples of circumstances giving rise to a natural obligation are: (1) When a civil obligation has been extinguished by prescription or discharged in bankruptcy. (2) When an obligation has been incurred by a person who, although endowed with discernment, lacks legal capacity. (3) When the universal successors are not bound by a civil obligation to execute the donations and other dispositions made by a deceased person that are null for want of form. La. C.C. § 1762 Acts 1984, No. 331, §1, eff. Jan