§Why CasetextPricing

Nickens v. Chex Systems, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,282 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,266 times   364 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' "

  3. Garfield v. NDC Health Corp.

    466 F.3d 1255 (11th Cir. 2006)   Cited 654 times   1 Legal Analyses
    Holding that a dismissal can be final even before leave to amend expires

  4. Jacobs v. Tempur-Pedic Intern

    626 F.3d 1327 (11th Cir. 2010)   Cited 371 times
    Holding an allegation insufficient that stated plaintiff's resale price fixing agreements "have unreasonably restrained, do unreasonably restrain, and will continue to unreasonably restrain trade and commerce in the visco-elastic mattress market ... by eliminating price competition" (omission in original)

  5. Ross v. Federal Deposit Ins. Corp.

    625 F.3d 808 (4th Cir. 2010)   Cited 164 times   2 Legal Analyses
    Holding that plaintiff's claim that the defendant bank violated North Carolina law by reporting inaccurate credit information to a CRA was "squarely preempted" by FCRA

  6. Johnson v. Citimortgage, Inc.

    351 F. Supp. 2d 1368 (N.D. Ga. 2004)   Cited 70 times
    Holding that more specific statute must govern question of preemption

  7. Burns v. Bank of America

    655 F. Supp. 2d 240 (S.D.N.Y. 2008)   Cited 48 times
    Finding that the defendant was not a debt collector where "[t]he record show[ed] that [the defendant] 'sought to collect its own debt from [p]laintiff' relating to the Minnesota Property; [the defendant] '[was] in the business of, among other things, financing mortgages for home buyers'; and its 'principal business [was] not debt collection'" (fourth and fifth alterations in original)

  8. Thornton v. Equifax, Inc.

    619 F.2d 700 (8th Cir. 1980)   Cited 103 times
    Adopting the New York Times Co. v. Sullivan, 376 U.S. 254, 279-280, standard, which requires that a statement be made with "knowledge that it was false or with reckless disregard of whether it was false or not"

  9. Shannon v. Equifax Information Services, LLC

    764 F. Supp. 2d 714 (E.D. Pa. 2011)   Cited 25 times
    Finding that § 1681t(b)(F) "is limited to entities that furnish information to consumer reporting agencies, and does not apply to consumer reporting agencies themselves" and analyzing preemption of state law claims asserted against credit reporting agencies under § 1681h(e) only

  10. Ogbon v. Beneficial Credit Servs., Inc.

    10 CV 03760 (GBD) (S.D.N.Y. Feb. 1, 2011)   Cited 22 times
    Granting a motion to dismiss where the plaintiff "allege[d] no facts that, if true, would demonstrate that the FCRA was violated willfully or negligently"

  11. 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 344,310 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,392 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,273 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,666 times   34 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,302 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.

  16. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,438 times   25 Legal Analyses
    Describing "any item of information contained in a consumer's file"

  17. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,338 times   61 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  18. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,135 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  19. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 726 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"

  20. Section 10-1-399 - Civil or equitable remedies by individuals

    Ga. Code § 10-1-399   Cited 154 times   1 Legal Analyses
    Providing that "exemplary damages shall be awarded only in cases of intentional violation"