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Consumer Financial Protection Bureau v. Frederick J. Hanna & Associates, P.C. et al

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Defendants' Motion to Dismiss

68 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,003 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,224 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  3. Clark v. Martinez

    543 U.S. 371 (2005)   Cited 921 times   4 Legal Analyses
    Holding that § 1231 does not authorize indefinite detention

  4. Milner v. Department of the Navy

    562 U.S. 2011 (2011)   Cited 712 times   2 Legal Analyses
    Holding that FOIA exemptions are "explicitly made exclusive"

  5. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,131 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  6. Barnhart v. Sigmon Coal Co.

    534 U.S. 438 (2002)   Cited 837 times   2 Legal Analyses
    Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"

  7. City of Arlington v. Fed. Commc'ns Comm'n

    569 U.S. 290 (2013)   Cited 557 times   11 Legal Analyses
    Holding that Chevron applies to questions about the scope of an agency's statutory authority

  8. California Transport v. Trucking Unlimited

    404 U.S. 508 (1972)   Cited 1,577 times   7 Legal Analyses
    Holding "the right to petition extends to all departments of the Government," including the courts

  9. Gonzalez v. Kay

    577 F.3d 600 (5th Cir. 2009)   Cited 1,155 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.

  10. F.T.C. v. Stefanchik

    559 F.3d 924 (9th Cir. 2009)   Cited 679 times
    Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"

  11. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,916 times   107 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,209 times   83 Legal Analyses
    Defining debt collector

  13. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,098 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  14. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,432 times   67 Legal Analyses
    Setting forth requirements for disputing a debt

  15. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,111 times   81 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  16. Section 5536 - Prohibited acts

    12 U.S.C. § 5536   Cited 134 times   63 Legal Analyses
    Prohibiting “any unfair, deceptive, or abusive act or practice”

  17. Section 5481 - Definitions

    12 U.S.C. § 5481   Cited 105 times   67 Legal Analyses
    Listing eighteen statutes transferred to the CFPB’s jurisdiction

  18. Section 5564 - Litigation authority

    12 U.S.C. § 5564   Cited 85 times   14 Legal Analyses
    Stating that "no action may be brought . . . more than 3 years after the date of discovery of the violation to which an action relates"

  19. Section 1692l - Administrative enforcement

    15 U.S.C. § 1692l   Cited 72 times   10 Legal Analyses
    Setting forth administrative enforcement and rulemaking authority under the FDCPA

  20. Section 5517 - Limitations on authorities of the Bureau; preservation of authorities

    12 U.S.C. § 5517   Cited 26 times   16 Legal Analyses
    Describing the general exclusion from CFPB jurisdiction for accountants and tax preparers