33 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 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 268,629 times 366 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' "
Carvalho v. Equifax Information Services, LLC
629 F.3d 876 (9th Cir. 2010) Cited 1,125 times 4 Legal Analyses
Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”
Marsh v. Butler County
268 F.3d 1014 (11th Cir. 2001) Cited 1,542 times
Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."
United Tech. Corp. v. Mazer
556 F.3d 1260 (11th Cir. 2009) Cited 883 times
Holding that " court without personal jurisdiction is powerless to take further action"
Chiang v. Verizon New Eng.
595 F.3d 26 (1st Cir. 2010) Cited 372 times 3 Legal Analyses
Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."
Ray v. Equifax Info. Servs
327 F. App'x 819 (11th Cir. 2009) Cited 279 times
Affirming district court's refusal to reopen discovery where plaintiff did not specify what information he was unable to obtain during discovery or how further discovery would have been helpful in resolving the issues
Levine v. World Financial Network Nat. Bank
437 F.3d 1118 (11th Cir. 2006) Cited 231 times
Holding that actual damages are not required to make out a prima facie case of willful noncompliance with the FCRA
Cahlin v. General Motors Acceptance Corp.
936 F.2d 1151 (11th Cir. 1991) Cited 326 times
Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures
Deandrade v. Trans Union LLC
523 F.3d 61 (1st Cir. 2008) Cited 183 times 3 Legal Analyses
Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,667 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 1325 - Confirmation of plan
11 U.S.C. § 1325 Cited 6,790 times 18 Legal Analyses
Determining applicable commitment period
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,345 times 191 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1322 - Contents of plan
11 U.S.C. § 1322 Cited 5,633 times 13 Legal Analyses
Excluding wages used to repay 401(k) loans from disposable income
Section 1328 - Discharge
11 U.S.C. § 1328 Cited 3,309 times 6 Legal Analyses
Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies
15 U.S.C. § 1681s-2 Cited 2,890 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 2,325 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 1,758 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 1681i - Procedure in case of disputed accuracy
15 U.S.C. § 1681i Cited 1,465 times 25 Legal Analyses
Relating to indirect disputes

Phillips v. Trans Union, Llc et al

33 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 “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."

Holding that " court without personal jurisdiction is powerless to take further action"

Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."

Affirming district court's refusal to reopen discovery where plaintiff did not specify what information he was unable to obtain during discovery or how further discovery would have been helpful in resolving the issues

Holding that actual damages are not required to make out a prima facie case of willful noncompliance with the FCRA

Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures

Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"

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

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Determining applicable commitment period

Recognizing the need to protect "the consumer's right to privacy"

Excluding wages used to repay 401(k) loans from disposable income

Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”

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"

Relating to indirect disputes