23 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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 266,697 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' "
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,067 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Mahon v. Credit Bureau of Placer County Inc.
171 F.3d 1197 (9th Cir. 1999) Cited 455 times
Holding that § 1692g's "plain language . . . does not require that a Validation of Debt Notice must be received by a debtor," but "states that such a Notice need only be sent to a debtor"
Dowers v. Nationstar Mortg., LLC
852 F.3d 964 (9th Cir. 2017) Cited 109 times
Holding claims spelled out against mortgage servicer in Nevada
Flores v. EMC Mortg. Co.
997 F. Supp. 2d 1088 (E.D. Cal. 2014) Cited 109 times
Holding that plaintiff's allegation that '[he] is ready, willing, and able to unconditionally tender his obligation to the true holder in due course of Note and Deed of Trust' was conclusory and insufficient to plead tender
Kuhn v. Account Control Technology, Inc.
865 F. Supp. 1443 (D. Nev. 1994) Cited 119 times
Holding that "acting as a collection agency without being licensed by the proper state authority" violated §§ 1692e, 1692e, and 1692f
Sanai v. Saltz
170 Cal.App.4th 746 (Cal. Ct. App. 2009) Cited 62 times
Holding § 1785.25 not preempted
Walker v. Equity 1 Lenders Group
CASE NO. 09cv325 WQH (AJB) (S.D. Cal. May. 14, 2009) Cited 42 times
Finding the allegations in the complaint "support that Defendants were foreclosing on the property" and not collecting a debt within the meaning of the Rosenthal Act
Crockett v. Rash Curtis & Assocs.
929 F. Supp. 2d 1030 (N.D. Cal. 2013) Cited 18 times
Finding harassment plausible where debt collector "very likely received notice from the contents of plaintiff's outgoing answering-machine message . . . that it was calling the wrong number."
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 345,981 times 922 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 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,439 times 67 Legal Analyses
Setting forth requirements for disputing a debt
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,398 times 35 Legal Analyses
Providing a non-exhaustive list of conduct that is unfair or unconscionable
Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies
15 U.S.C. § 1681s-2 Cited 2,870 times 42 Legal Analyses
Granting enforcement power to state and federal regulators
Section 1692d - Harassment or abuse
15 U.S.C. § 1692d Cited 1,901 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
Section 1692b - Acquisition of location information
15 U.S.C. § 1692b Cited 369 times 3 Legal Analyses
Governing the acquisition of location information

Beatrice Bell v. Ditech Financial, Llc et al

23 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 unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that § 1692g's "plain language . . . does not require that a Validation of Debt Notice must be received by a debtor," but "states that such a Notice need only be sent to a debtor"

Holding claims spelled out against mortgage servicer in Nevada

Holding that plaintiff's allegation that '[he] is ready, willing, and able to unconditionally tender his obligation to the true holder in due course of Note and Deed of Trust' was conclusory and insufficient to plead tender

Holding that "acting as a collection agency without being licensed by the proper state authority" violated §§ 1692e, 1692e, and 1692f

Holding § 1785.25 not preempted

Finding the allegations in the complaint "support that Defendants were foreclosing on the property" and not collecting a debt within the meaning of the Rosenthal Act

Finding harassment plausible where debt collector "very likely received notice from the contents of plaintiff's outgoing answering-machine message . . . that it was calling the wrong number."

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. . . ."

Setting forth requirements for disputing a debt

Providing a non-exhaustive list of conduct that is unfair or unconscionable

Granting enforcement power to state and federal regulators

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

Governing the acquisition of location information