§Why CasetextPricing

Consumer Financial Protection Bureau v. Prime Marketing Holdings, Llc

NOTICE OF MOTION AND MOTION to Dismiss Case

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,208 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,890 times   7 Legal Analyses
    Holding that plaintiffs did not have standing because their injury was " 'conjectural or hypothetical' in that it depend[ed] on how legislators respond[ed] to a reduction in revenue"

  5. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 24,892 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

  6. Davis v. Fed. Election Comm'n

    554 U.S. 724 (2008)   Cited 1,321 times   6 Legal Analyses
    Holding that there was a reasonable expectation that a congressional candidate would be subject to a federal campaign finance law in the future when he "made a public statement expressing his intent" to run for the seat in the future

  7. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,138 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  8. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,357 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  9. Federal Election Comm'n v. Akins

    524 U.S. 11 (1998)   Cited 805 times   16 Legal Analyses
    Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement

  10. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,371 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  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 361,487 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 163,896 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,128 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

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

    15 U.S.C. § 1681i   Cited 1,558 times   28 Legal Analyses
    Relating to indirect disputes

  15. Section 1679 - Findings and purposes

    15 U.S.C. § 1679   Cited 260 times   6 Legal Analyses
    In 15 U.S.C. sections 1679, et seq. Congress proscribed what information a credit repair organization is specifically required to give a client.

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

    12 U.S.C. § 5531   Cited 182 times   150 Legal Analyses
    Granting power to the Consumer Financial Protection Bureau to take action to prevent unfair, deceptive, or abusive acts or practices

  17. Section 5536 - Prohibited acts

    12 U.S.C. § 5536   Cited 145 times   70 Legal Analyses
    Prohibiting “any unfair, deceptive, or abusive act or practice”

  18. Section 1679b - Prohibited practices

    15 U.S.C. § 1679b   Cited 125 times
    Providing that a credit repair organization cannot charge or receive money for "any service" which the credit repair organization has agreed to perform before "such service is fully performed"

  19. Section 5481 - Definitions

    12 U.S.C. § 5481   Cited 119 times   71 Legal Analyses
    Listing eighteen statutes transferred to the CFPB’s jurisdiction

  20. Section 6102 - Telemarketing rules

    15 U.S.C. § 6102   Cited 95 times   6 Legal Analyses
    Authorizing the FCC to prescribe rules that telemarketers may not make “unsolicited telephone calls”

  21. Section 310.4 - Abusive telemarketing acts or practices

    16 C.F.R. § 310.4   Cited 176 times   17 Legal Analyses
    Prohibiting deceptive or abusive telemarketing acts or practices

  22. Section 310.3 - Deceptive telemarketing acts or practices

    16 C.F.R. § 310.3   Cited 155 times   10 Legal Analyses
    Prohibiting misrepresentations about any material aspect of a sales offer

  23. Section 310.2 - Definitions

    16 C.F.R. § 310.2   Cited 84 times   10 Legal Analyses
    Defining telemarketing as, inter alia , "a plan, program, or campaign which is conducted to induce the purchase of goods or services"