§Why CasetextPricing

CONSUMER FINANCIAL PROTECTION BUREAU v. ITT EDUCATIONAL SERVICES, INC.

REPLY in Support of Motion re MOTION to Dismiss

74 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,843 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,551 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  4. List v. Driehaus

    573 U.S. 149 (2014)   Cited 1,966 times   12 Legal Analyses
    Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

  5. Kolender v. Lawson

    461 U.S. 352 (1983)   Cited 3,045 times   7 Legal Analyses
    Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

  6. Hoffman Estates v. Flipside, Hoffman Estates

    455 U.S. 489 (1982)   Cited 3,182 times   4 Legal Analyses
    Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"

  7. Holder v. Humanitarian Law Project

    561 U.S. 1 (2010)   Cited 859 times   5 Legal Analyses
    Holding that the plaintiffs had standing because a statute criminalized knowingly providing material support or resources to a foreign terrorist organization, and the plaintiffs had provided support to groups designated as terrorist organizations and planned to provide similar support in the future

  8. Bordenkircher v. Hayes

    434 U.S. 357 (1978)   Cited 2,902 times   13 Legal Analyses
    Holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination

  9. Bullock v. BankChampaign, N.A.

    569 U.S. 267 (2013)   Cited 679 times   9 Legal Analyses
    Holding that defalcation requires a "culpable state of mind . . . involving knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary behavior"

  10. Free Enterprise Fund v. Public Company

    561 U.S. 477 (2010)   Cited 539 times   87 Legal Analyses
    Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"

  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 346,412 times   923 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,915 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  14. Section 5531 - Prohibiting unfair, deceptive, or abusive acts or practices

    12 U.S.C. § 5531   Cited 167 times   141 Legal Analyses
    Granting power to the Consumer Financial Protection Bureau to take action to prevent unfair, deceptive, or abusive acts or practices

  15. Section 5491 - Establishment of the Bureau of Consumer Financial Protection

    12 U.S.C. § 5491   Cited 166 times   56 Legal Analyses
    Referring to the CFPB as an "independent bureau"

  16. Section 1607 - Administrative enforcement

    15 U.S.C. § 1607   Cited 112 times   4 Legal Analyses
    In 15 U.S.C. § 1607(e), the Act, after providing that the enforcing agency is authorized to require a lender to make an adjustment to a borrower to whom an annual percentage rate or finance charge "was inaccurately disclosed," to assure that the borrower is not required to pay a finance charge in excess of that "actually disclosed," provides that, with exceptions not here applicable, "no adjustment shall be ordered"

  17. Section 5481 - Definitions

    12 U.S.C. § 5481   Cited 105 times   68 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 5565 - Relief available

    12 U.S.C. § 5565   Cited 61 times   23 Legal Analyses
    Providing that "[a]ny person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection"

  20. Section 5512 - Rulemaking authority

    12 U.S.C. § 5512   Cited 56 times   19 Legal Analyses
    Granting the CFPB nearly exclusive authority to issue rules under the laws it administers

  21. Section 1026.1 - Authority, purpose, coverage, organization, enforcement, and liability

    12 C.F.R. § 1026.1   Cited 35 times   6 Legal Analyses
    Limiting coverage of TILA to extensions of credit to consumers

  22. Section 1026.4 - Finance charge

    12 C.F.R. § 1026.4   Cited 17 times   5 Legal Analyses
    Providing that "[t]axes and fees prescribed by law that actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest" may be excluded from the finance charge if itemized and disclosed

  23. Section 225.28 - List of permissible nonbanking activities

    12 C.F.R. § 225.28   Cited 12 times   8 Legal Analyses

    (a)Closely related nonbanking activities. The activities listed in paragraph (b) of this section are so closely related to banking or managing or controlling banks as to be a proper incident thereto, and may be engaged in by a bank holding company or its subsidiary in accordance with the requirements of this regulation. (b)Activities determined by regulation to be permissible - (1)Extending credit and servicing loans. Making, acquiring, brokering, or servicing loans or other extensions of credit

  24. Section 1090.106 - Student loan servicing market

    12 C.F.R. § 1090.106   Cited 2 times   3 Legal Analyses

    (a)Market-related definitions. As used in this subpart: Account volume means the number of accounts with respect to which a nonbank covered person is considered to perform student loan servicing, calculated as follows: (i)Number of accounts. A nonbank covered person has at least one account for each student or prior student with respect to whom the nonbank covered person performs student loan servicing. If a nonbank covered person is receiving separate fees for performing student loan servicing with

  25. Section 58.12 - Definitions

    28 C.F.R. § 58.12   Cited 1 times

    (a) The following definitions apply to §§58.12 through and including 58.24 of this Part and the applications and other materials agencies submit in an effort to establish they meet the requirements necessary to become an approved nonprofit budget and credit counseling agency. (b) These terms shall have these meanings: (1) The term "accreditation" means the recognition or endorsement that an accrediting organization bestows upon an agency because the accrediting organization has determined the agency