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Kruckow v. Merchants Bank et al

BRIEF re MOTION to Dismiss/General Plaintiff's Amended Complaint

7 Cited authorities

  1. Nickelodeon Consumer Privacy Litig.

    827 F.3d 262 (3d Cir. 2016)   Cited 214 times   28 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"

  2. Braitberg v. Charter Commc'ns, Inc.

    836 F.3d 925 (8th Cir. 2016)   Cited 94 times   11 Legal Analyses
    Holding that plaintiff had no standing to sue under the Cable Communications Policy Act, where he merely alleged that defendant failed to destroy plaintiff’s personally identifiable information and retained certain information longer than the company should have kept it

  3. In re Zappos.Com, Inc.

    108 F. Supp. 3d 949 (D. Nev. 2015)   Cited 38 times   11 Legal Analyses
    Finding no standing where last four digits of customers' credit card were stolen, but plaintiffs had not alleged any unauthorized purchases or other misuse

  4. Smith v. Ohio State Univ.

    191 F. Supp. 3d 750 (S.D. Ohio 2016)   Cited 33 times   5 Legal Analyses
    Holding that the plaintiffs suffered no concrete harm when, in the process of submitting to a background check for defendant, they were provided with "disclosure and authorization [forms] which improperly included extraneous information such as a liability release, in violation of the FCRA"

  5. Barton v. Ocwen Loan Servicing LLC

    Civil No. 12-162 (MJD/JJG) (D. Minn. Oct. 25, 2013)   Cited 7 times
    Denying debt collector's motion for summary judgment on FDCPA claim alleging that debt collector sent plaintiff letters illegally attempting to collect on debt that had been discharged in bankruptcy, and concluding that a reasonable juror could find that the notices were misleading where, despite inclusion of bankruptcy disclaimer language, the letters also included a current amount due, principal balance, and interest rate

  6. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,367 times   191 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  7. Section 202.7 - Rules concerning extensions of credit

    12 C.F.R. § 202.7   Cited 164 times   2 Legal Analyses
    Confirming that with regard to "secured credit, a creditor may require the signature of the applicant's spouse ... on any instrument necessary, or reasonably believed by the creditor to be necessary ... to make the property being offered as security available to satisfy the debt in the event of a default, for example, an instrument to create a valid lien, pass clear title, waive inchoate rights, or assign earnings"