22 Cited authorities

Spokeo, Inc. v. Robins
578 U.S. 330 (2016) Cited 8,457 times 446 Legal Analyses
Holding that a statutory violation, without more, did not give rise to Article III standing
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 29,710 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"
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 4,286 times
Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"
Anderson News, L. L.C. v. Am. Media, Inc.
680 F.3d 162 (2d Cir. 2012) Cited 625 times 3 Legal Analyses
Holding that defendants' “varied” actions during the initial stages of the alleged conspiracy did not render the existence of a conspiracy implausible
Nickelodeon Consumer Privacy Litig.
827 F.3d 262 (3d Cir. 2016) Cited 239 times 30 Legal Analyses
Holding that a violation of the Video and Library Privacy Protection Act results in a concrete harm if "it involves a clear de facto injury, i.e. , the unlawful disclosure of legally protected information"
Church v. Accretive Health, Inc.
654 F. App'x 990 (11th Cir. 2016) Cited 167 times 11 Legal Analyses
Holding that not receiving information to which one is statutorily entitled is a "concrete" injury
Robins v. Spokeo, Inc.
742 F.3d 409 (9th Cir. 2014) Cited 146 times 42 Legal Analyses
Holding that plaintiff satisfied the Article III standing requirements by alleging a violation of his statutory rights under the FCRA and seeking statutory damages under the FCRA liability provision without a showing of actual damages
Ortho Pharmaceutical Corp. v. Cosprophar, Inc.
32 F.3d 690 (2d Cir. 1994) Cited 140 times
Holding that plaintiff did not have standing as it failed to assert facts demonstrating "that it will likely be damaged by [the defendant]'s conduct"
Anti-Monopoly, Inc. v. Hasbro, Inc.
958 F. Supp. 895 (S.D.N.Y. 1997) Cited 110 times
In Anti-Monopoly, Inc. v. Hasbro, Inc., supra, 958 F.Supp. 895, 904, the plaintiff did submit the declaration and cross-elasticity reports of an expert economist "to satisfy its burden relating to market definition."
Mey v. Got Warranty, Inc.
193 F. Supp. 3d 641 (N.D.W. Va. 2016) Cited 47 times
Finding Spokeo's observation "has little application to claims under the TCPA, since those claims are not based on 'bare procedural' rights, but rather on substantive prohibitions of actions directed toward specific consumers"
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 366,668 times 968 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 7,083 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"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,227 times 66 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,519 times 71 Legal Analyses
Setting forth requirements for disputing a debt

Guerrero v. GC Services Limited Partnership

22 Cited authorities

Holding that a statutory violation, without more, did not give rise to Article III standing

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"

Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"

Holding that defendants' “varied” actions during the initial stages of the alleged conspiracy did not render the existence of a conspiracy implausible

Holding that a violation of the Video and Library Privacy Protection Act results in a concrete harm if "it involves a clear de facto injury, i.e. , the unlawful disclosure of legally protected information"

Holding that not receiving information to which one is statutorily entitled is a "concrete" injury

Holding that plaintiff satisfied the Article III standing requirements by alleging a violation of his statutory rights under the FCRA and seeking statutory damages under the FCRA liability provision without a showing of actual damages

Holding that plaintiff did not have standing as it failed to assert facts demonstrating "that it will likely be damaged by [the defendant]'s conduct"

In Anti-Monopoly, Inc. v. Hasbro, Inc., supra, 958 F.Supp. 895, 904, the plaintiff did submit the declaration and cross-elasticity reports of an expert economist "to satisfy its burden relating to market definition."

Finding Spokeo's observation "has little application to claims under the TCPA, since those claims are not based on 'bare procedural' rights, but rather on substantive prohibitions of actions directed toward specific consumers"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

Holding debt collectors civilly liable for illicit debt collection practices

Setting forth requirements for disputing a debt