46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,376 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,581 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
  3. Gonzalez v. Kay

    577 F.3d 600 (5th Cir. 2009)   Cited 1,197 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 1,028 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 668 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 136 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 466 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 361 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 288 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 361 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 358,800 times   954 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 162,588 times   197 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 7,032 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"
  14. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,190 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices
  15. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,466 times   39 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 1,931 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 645 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
    Explaining that a natural obligation remains "[w]hen a civil obligation has been extinguished by prescription, .. "