21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 times 279 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 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' "
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,116 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Hukic v. Aurora Loan
588 F.3d 420 (7th Cir. 2009) Cited 1,130 times
Holding that district court did not abuse its discretion in denying the plaintiff's motion for leave to amend "late in the game" based on information that was "available long before he sought leave to amend"
Gorman v. Wolpoff & Abramson, Llp
584 F.3d 1147 (9th Cir. 2009) Cited 885 times 3 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)
Walls v. Wells Fargo Bank, N.A.
276 F.3d 502 (9th Cir. 2002) Cited 436 times 6 Legal Analyses
Holding that the Bankruptcy Code precludes a claim under the Fair Debt Collection Practices Act based on an alleged attempt to collect a discharged debt
Nelson v. Chase Manhattan Mortgage Corp.
282 F.3d 1057 (9th Cir. 2002) Cited 420 times
Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"
Arikat v. JP Morgan Chase & Co.
430 F. Supp. 2d 1013 (N.D. Cal. 2006) Cited 47 times
Finding that allegations asserted against multiple defendants in blanket fashion is insufficient to withstand a motion to dismiss a RFDCPA claim
Henry v. Saxon Mortgage, Inc.
No. CV-10-2551-PHX-JAT (D. Ariz. Nov. 7, 2011) Cited 7 times
Finding that Bankruptcy Code precluded the plaintiffs' FDCPA claims but not their FCRA claim
Matter of Upright
1 B.R. 694 (Bankr. N.D.N.Y. 1979) Cited 40 times
Applying de facto trustee doctrine where trustee filed bond 12 days after appointment
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 346,412 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,479 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 727 - Discharge
11 U.S.C. § 727 Cited 11,568 times 17 Legal Analyses
Finding that debtor had "actually intended to hinder and delay a creditor"
Section 524 - Effect of discharge
11 U.S.C. § 524 Cited 6,159 times 72 Legal Analyses
Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined
Section 15 - Suits by persons injured
15 U.S.C. § 15 Cited 5,677 times 35 Legal Analyses
Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies
15 U.S.C. § 1681s-2 Cited 2,873 times 42 Legal Analyses
Granting enforcement power to state and federal regulators
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,315 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.
Section 1681b - Permissible purposes of consumer reports
15 U.S.C. § 1681b Cited 1,748 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"
Section 301 - Voluntary cases
11 U.S.C. § 301 Cited 1,445 times 4 Legal Analyses
Describing filing of petition
Section 1681e - Compliance procedures
15 U.S.C. § 1681e Cited 1,351 times 61 Legal Analyses
Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

Hanks v. The Talbots, Inc.

21 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding that district court did not abuse its discretion in denying the plaintiff's motion for leave to amend "late in the game" based on information that was "available long before he sought leave to amend"

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)

Holding that the Bankruptcy Code precludes a claim under the Fair Debt Collection Practices Act based on an alleged attempt to collect a discharged debt

Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"

Finding that allegations asserted against multiple defendants in blanket fashion is insufficient to withstand a motion to dismiss a RFDCPA claim

Finding that Bankruptcy Code precluded the plaintiffs' FDCPA claims but not their FCRA claim

Applying de facto trustee doctrine where trustee filed bond 12 days after appointment

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that debtor had "actually intended to hinder and delay a creditor"

Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

Granting enforcement power to state and federal regulators

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.

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"

Describing filing of petition

Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes