29 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 63,493 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,518 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,952 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Gonzalez v. Kay
577 F.3d 600 (5th Cir. 2009) Cited 1,182 times 1 Legal Analyses
Holding that some letters are "so deceptive and misleading as to violate the FDCPA as a matter of law," others are not deceptive as a matter of law, and many are somewhere in the middle, requiring further consideration by the district court beyond the initial motion to dismiss phase of the pleadings.
Clark v. Capital Credit Collection Serv
460 F.3d 1162 (9th Cir. 2006) Cited 588 times 3 Legal Analyses
Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"
IN RE STAC ELECTRONICS SECURITIES LITIGATION
89 F.3d 1399 (9th Cir. 1996) Cited 809 times
Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements
Barany-Snyder v. Weiner
539 F.3d 327 (6th Cir. 2008) Cited 438 times
Affirming district court's decision not to address issue raised for the first time in a reply brief
Russell v. Equifax A.R.S
74 F.3d 30 (2d Cir. 1996) Cited 593 times
Holding that FDCPA claims should be reviewed by considering "how the least sophisticated consumer"—not "average, everyday, common consumer—understands the notice"
Harvey v. Great Seneca Financial Corp.
453 F.3d 324 (6th Cir. 2006) Cited 373 times
Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action
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 354,229 times 943 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 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,140 times 141 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,855 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”

Hinkle v. Northland Group Inc. et al

29 Cited authorities

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

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"

Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

Affirming district court's decision not to address issue raised for the first time in a reply brief

Holding that FDCPA claims should be reviewed by considering "how the least sophisticated consumer"—not "average, everyday, common consumer—understands the notice"

Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action

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 abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

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”