§Why CasetextPricing

Campbell v. Toyota Motor Credit

MOTION to Dismiss for Lack of Jurisdiction

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 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 268,213 times   366 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,907 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,140 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  5. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 891 times   4 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  6. Chiang v. Verizon New Eng.

    595 F.3d 26 (1st Cir. 2010)   Cited 370 times   3 Legal Analyses
    Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."

  7. Saunders v. Branch Banking

    526 F.3d 142 (4th Cir. 2008)   Cited 357 times   2 Legal Analyses
    Holding that a bank's internal records of ongoing correspondence could support a conclusion that the bank intended not to furnish accurate information to the reporting agencies

  8. Seamans v. Temple Univ.

    744 F.3d 853 (3d Cir. 2014)   Cited 287 times
    Holding that "FCRA explicitly precludes private suits for failure to comply with, 15 U.S.C. § 1681s-2(c), and instead provides for enforcement of that provision by federal and state officials, 15 U.S.C. § 1681s-2(d)."

  9. Simmsparris v. Countrywide Financial Corp.

    652 F.3d 355 (3d Cir. 2011)   Cited 245 times
    Holding that "a private citizen may bring an action under 15 U.S.C. § 1681s-2(b)"

  10. Cushman v. Trans Union Corporation

    115 F.3d 220 (3d Cir. 1997)   Cited 243 times   1 Legal Analyses
    Holding that because § 1681i's reinvestigation requirement may mandate a more thorough investigation than that contemplated by § 1681e(b), "[j]udgment as a matter of law, even if appropriate on a § 1681e(b) claim, thus may not be warranted on a § 1681i claim"

  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 347,669 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,028 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,336 times   191 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

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

    15 U.S.C. § 1681s-2   Cited 2,883 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,323 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  16. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,459 times   25 Legal Analyses
    Relating to indirect disputes

  17. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 780 times   46 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  18. Section 57b - Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices

    15 U.S.C. § 57b   Cited 198 times   32 Legal Analyses
    Identifying a rule violation under the Act as the basis for a civil action