Caldarola v. Calabrese

Holding that information provided by "an identified bystander with no apparent motive to falsify" has "a peculiar likelihood of accuracy"

Boyd v. J.E. Robert Co.

Holding that "after properly granting summary judgment on the [federal] claims, the [d]istrict [c]ourt had discretion not to exercise supplemental jurisdiction over the state[-]law claims"

Expressions Hair Design v. Schneiderman

Spira v. Ashwood Financial, Inc.

Holding that the "last sophisticated consumer" standard "requires the Court to analyze the collection letters from the perspective of a debtor who is uninformed, naive, or trusting, but is making basic, reasonable and logical deductions and inferences."

McGinty v. Prof'l Claims Bureau, Inc.

Dismissing a § 1692g claim where "the Collection Letters neither demand that payment be made within thirty days, nor threaten adverse consequences if payment is not received within thirty days," and therefore "the Collection Letters do not contain language that contradicts or is otherwise inconsistent with Plaintiffs' right to demand validation of their debts"

Datiz v. Int'l Recovery Assocs., Inc.

Rejecting defendant's argument that its letter "clearly implie[d] that [the medical institution] [wa]s the Plaintiff's creditor," and therefore denying defendant's motion to dismiss because "the fact that the caption [of the] ... Letter lists [the medical institution] is not, without more explanation, sufficient to satisfy Section 1692g because it does not identify the Hospital as the Plaintiff's current creditor"

Shami v. Nat'l Enter. Sys.

Granting summary judgment for defendant when the evidence demonstrated that a third party collects and retains the entire processing fee

Thomas v. RJM Acquisition LLC

Nicholson v. Forster & Garbus LLP

SEBROW v. ER SOLUTIONS, INC.

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Section 1331 - Federal question

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Rule 4 - Summons

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Section 157 - Procedures

Determining the validity, extent, or priority of liens

Section 1391 - Venue generally

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Section 158 - Appeals

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Section 1692 - Congressional findings and declaration of purpose

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

Section 1746 - Unsworn declarations under penalty of perjury

Permitting the use of declarations instead

Section 1692e - False or misleading representations

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

Section 3 CCR 714-1-F-2