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Frances Campbell v. Anniemac Home Mortgage et al

NOTICE OF MOTION AND MOTION to Dismiss claim for negligent violation of the Fair Credit Reporting Act under 15 U.S.C. § 1681o, the claim for invasion of privacy, and the Unfair Competition Law claim in the Complaint

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,202 times   280 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 268,948 times   367 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. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,310 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  4. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,567 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  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. Rubio v. Capital One Bank

    613 F.3d 1195 (9th Cir. 2010)   Cited 402 times   2 Legal Analyses
    Holding that closing a credit card account and losing the credit extended by the bank and/or keeping an account open and accepting a higher APR would result in economic injury sufficient for UCL standing

  7. Birdsong v. Apple

    590 F.3d 955 (9th Cir. 2009)   Cited 320 times   1 Legal Analyses
    Holding that hypothetical injury was insufficient for standing

  8. Guimond v. Trans Union Credit Information Co.

    45 F.3d 1329 (9th Cir. 1995)   Cited 409 times
    Holding that damages for emotional distress were available under the Fair Credit Reporting Act where the plaintiff suffered from sleeplessness, nervousness, frustration, and mental anguish as a result of the statutory violation

  9. Ausherman v. Bank of America Corporation

    352 F.3d 896 (4th Cir. 2003)   Cited 128 times
    Concluding that res ipsa loquitur "does not eliminate a plaintiff's obligation to prove that the defendant owed a duty to the plaintiff in the first place."

  10. Phillips v. Grendahl

    312 F.3d 357 (8th Cir. 2002)   Cited 113 times
    Holding that a credit report that mentioned a child-support order and contained a social-security number, addresses of former employers, and a list of credit accounts was insufficient to support a claim of intrusion upon seclusion

  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 348,503 times   930 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 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,328 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.

  13. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,759 times   101 Legal Analyses
    Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

  14. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,151 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  15. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 733 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"

  16. Section 1681q - Obtaining information under false pretenses

    15 U.S.C. § 1681q   Cited 151 times   1 Legal Analyses
    Making it a crime to "knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses"