22 Cited authorities

Spokeo, Inc. v. Robins
578 U.S. 330 (2016) Cited 7,414 times 437 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 27,850 times 138 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 3,952 times
Holding that legal issues presented by Rule 12(b) motion are reviewed de novo
Anderson News, L. L.C. v. Am. Media, Inc.
680 F.3d 162 (2d Cir. 2012) Cited 594 times 2 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 208 times 27 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 166 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 136 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 104 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 46 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 346,070 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
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 6,926 times 108 Legal Analyses
Prohibiting false representation of the "character, amount, or legal status of a debt"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,112 times 65 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,439 times 67 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 legal issues presented by Rule 12(b) motion are reviewed de novo

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

Prohibiting false representation of the "character, amount, or legal status of a debt"

Holding debt collectors civilly liable for illicit debt collection practices

Setting forth requirements for disputing a debt