§Why CasetextPricing

Rumbough v. Equifax Information Services, LLC et al

MOTION to dismiss Complaint

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    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

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,382 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Moon v. Newsome

    863 F.2d 835 (11th Cir. 1989)   Cited 3,752 times
    Holding that a pro se party must abide by “the relevant law and rules of court”

  5. Bishop v. Lucent Tech

    520 F.3d 516 (6th Cir. 2008)   Cited 638 times   1 Legal Analyses
    Holding that the claim was clearly barred by the three-year statute of limitations because the complaint alleged facts indicating that the plaintiffs had actual knowledge of their claim more than three years before the complaint was filed

  6. Armstrong Surgical Ctr. v. Armstrong Cty. Mem. Hosp

    530 U.S. 1261 (2000)   Cited 122 times   1 Legal Analyses
    Finding inference of discrimination where plaintiff's duties were transferred to employees eighteen and twenty-five years younger than him

  7. Washington v. CSC Credit Services Inc.

    199 F.3d 263 (5th Cir. 2000)   Cited 229 times   1 Legal Analyses
    Holding that only the Federal Trade Commission, and not private litigants, could obtain injunctive relief under the FCRA

  8. Knights Armament Company v. Optical Systems Technology

    568 F. Supp. 2d 1369 (M.D. Fla. 2008)   Cited 55 times
    Finding that the court's discretion whether to sustain a claim under Florida's Declaratory Judgment Act "extends to cases where a direct action involving the same parties and the same issues has already been filed"

  9. Chipka v. Bank of America

    355 F. App'x 380 (11th Cir. 2009)   Cited 45 times   1 Legal Analyses
    Finding no RESPA violation where servicer explained that account was correctly serviced and provided name and telephone number of an employee for any further-needed assistance

  10. Rush v. Macy's New York, Inc.

    775 F.2d 1554 (11th Cir. 1985)   Cited 53 times
    Holding that furnishing information to a credit reporting agency is not enough to constitute a violation of the FCRA

  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 362,607 times   962 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 164,455 times   197 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 6,582 times   200 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,410 times   43 Legal Analyses
    Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"

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

    15 U.S.C. § 1681i   Cited 1,570 times   28 Legal Analyses
    Requiring CRAs to delete information if its reasonable reinvestigation of a consumer's dispute finds the information is "inaccurate or incomplete"

  16. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,532 times   64 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  17. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,204 times   8 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  18. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 300 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"