19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,495 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  4. Lewis v. ACB Business Services, Inc.

    135 F.3d 389 (6th Cir. 1998)   Cited 1,505 times   1 Legal Analyses
    Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act
  5. Thurman v. Pfizer, Inc.

    484 F.3d 855 (6th Cir. 2007)   Cited 257 times
    Holding that ERISA preempts claim that employer's misrepresentations about benefits induced plaintiff to join company to the extent that plaintiff sought expectation damages, but not to the extent he sought reliance damages
  6. American Express Co. v. Koerner

    452 U.S. 233 (1981)   Cited 90 times
    Holding that TILA does not apply where "[t]he undisputed facts of this case reveal that the [cardholder] obtained the right 'to incur debt and defer its payment' from American Express primarily for business, not consumer, purposes"
  7. Neff v. Capital Acquisitions & Management Co.

    352 F.3d 1118 (7th Cir. 2003)   Cited 49 times
    Holding that credit card debt assignees have no obligation to send periodic statements
  8. Langenfeld v. Chase Bank USA, N.A.

    537 F. Supp. 2d 1181 (N.D. Okla. 2008)   Cited 19 times
    Holding that law firm was not "creditor" under TILA, nor was it agent of creditor
  9. Neff v. Capital Acquisitions & Management Co.

    238 F. Supp. 2d 986 (N.D. Ill. 2002)   Cited 19 times

    No. 02 C 4434 November 20, 2002 Cathleen M. Combs, Daniel A. Edelman, James o. Latturner, Tara Leigh Goodwin, Edelman, Combs Latturner, Chicago, IL, for Nathan Neff. David Luther Hartsell, Israel Brian Marquez, Ross Hardies, Chicago, IL, for Captial Acquisition and Management Co. Robert MacDonald Moye, Patrice Arvanitis, Bell, Boyd Lloyd, Chicago, IL, for Capital One, F.S.B. MEMORANDUM OPINION AND ORDER JAMES F. HOLDERMAN, United States District Judge. On June 20, 2002, plaintiff Nathan Neff ("Neff")

  10. Marcotte v. General Electric Capital Services, Inc.

    709 F. Supp. 2d 994 (S.D. Cal. 2010)   Cited 10 times
    Noting the TILA requires credit card companies to send monthly statements, but the FDCPA prohibits debt collectors from sending billing statements to represented debtors.
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,280 times   144 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  13. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,941 times   55 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
  14. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,056 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 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,343 times   83 Legal Analyses
    Defining debt collector
  16. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,481 times   39 Legal Analyses
    Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"
  17. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,912 times   22 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act
  18. Section 1637 - Open end consumer credit plans

    15 U.S.C. § 1637   Cited 336 times   12 Legal Analyses
    Enumerating “[r]equired disclosures” to be made by a creditor to a consumer before an open end consumer credit account can be opened, including disclosures related to billing disputes