Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

Haines v. Kerner

Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

St. Amant v. Thompson

Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"

Gorman v. Wolpoff & Abramson, Llp

Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

Perry v. Stewart Title Co

Holding a mortgage servicer is not a debt collector as long as the debt was not in default at the time it was assigned

Dube v. Likins

In Dube, the court held that a post-graduate student had no reasonable expectation of finding employment where he presented evidence that he had a 4.0 GPA but did not allege he had begun negotiations with any employer.

Diessner v. Mortgage Electronic Registration Systems

Holding that defendants had no obligation to prove they are the "owner of the Note and Deed of Trust."

Rowe v. Educ. Credit Management

Holding guaranty agencies act as fiduciaries of the DOE when they operate under FFELP and collecting cases in which other courts hold the same

Mansour v. Cal-Western Reconveyance Corp.

Holding that non-judicial foreclosure proceedings do not constitute debt collection for purposes of the FDCPA

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 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 1692a - Definitions

Defining debt collector

Section 1692f - Unfair practices

Providing a non-exhaustive list of conduct that is unfair or unconscionable

Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

Granting enforcement power to state and federal regulators

Section 1681h - Conditions and form of disclosure to consumers

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"

Section 1681t - Relation to State laws

Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"

Section 44-1201 - Rate of interest for loan or indebtedness; interest on judgments; definitions

Fixing interest on judgments at 10 percent per annum

Section 47-9609 - Secured party's right to take possession after default