§Why CasetextPricing

Campbell v. Chase Card

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 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 279,983 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. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,359 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  4. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,144 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  5. Oshiver v. Levin, Fishbein, Sedran Berman

    38 F.3d 1380 (3d Cir. 1994)   Cited 2,959 times   4 Legal Analyses
    Holding time limit to file an EEOC charge may be tolled “where the plaintiff in some extraordinary way has been prevented from asserting his or her rights” but noting that a “plaintiff who fails to exercise this reasonable diligence may lose the benefit of [equitable tolling]”

  6. Trump Hotels Casino v. Mirage Resorts

    140 F.3d 478 (3d Cir. 1998)   Cited 805 times   1 Legal Analyses
    Holding that dismissal is appropriate "only if . . . no relief could be granted under any set of facts consistent with the allegations of the complaint"

  7. Pollice v. National Tax Funding, L.P.

    225 F.3d 379 (3d Cir. 2000)   Cited 535 times
    Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

  8. Simmsparris v. Countrywide Financial Corp.

    652 F.3d 355 (3d Cir. 2011)   Cited 270 times
    Holding that "a private citizen may bring an action under 15 U.S.C. § 1681s-2(b)"

  9. Levy-Tatum v. Navient

    CIVIL ACTION NO. 15-3794 (E.D. Pa. Jan. 7, 2016)   Cited 27 times
    Explaining the corporate transactions that led to the newly created Navient Corp. and the transfer of the servicing of student loans handled by Sallie Mae, Inc. into Navient Solutions

  10. Jones v. Select Portfolio Servicing, Inc.

    CIVIL ACTION NO. 08-972 (E.D. Pa. Apr. 22, 2008)   Cited 37 times
    Finding that Rule 8 applies to claims under the FDCPA

  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 361,663 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 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 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,262 times   143 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,048 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"

  15. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,560 times   198 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,335 times   83 Legal Analyses
    Defining debt collector

  17. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,941 times   595 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  18. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,504 times   71 Legal Analyses
    Setting forth requirements for disputing a debt

  19. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,477 times   39 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  20. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,996 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators