24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,933 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Gorman v. Wolpoff & Abramson, Llp
584 F.3d 1147 (9th Cir. 2009) Cited 914 times 4 Legal Analyses
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)
Nelson v. Chase Manhattan Mortgage Corp.
282 F.3d 1057 (9th Cir. 2002) Cited 421 times 1 Legal Analyses
Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"
Graziano v. Harrison
950 F.2d 107 (3d Cir. 1991) Cited 475 times 4 Legal Analyses
Holding that after verification was requested, the information provided was "sufficient to inform [the debtor] of the amounts of his debts, the services provided, and the dates on which the debts were incurred."
Aklagi v. Nationscredit Financial Services Corp.
196 F. Supp. 2d 1186 (D. Kan. 2002) Cited 102 times
Granting summary judgment for defendant who had been notified of dispute by plaintiffs, but not by a CRA
Roybal v. Equifax
405 F. Supp. 2d 1177 (E.D. Cal. 2005) Cited 80 times
Holding that "the definition of 'creditor' as used in section 1666 only applies to creditors offering open end credit plans"
Zagorski v. Midwest Billing Services, Inc.
128 F.3d 1164 (7th Cir. 1997) Cited 82 times
Holding that award of successful plaintiff's attorney's fees is mandatory under FDCPA
Hasvold v. First USA Bank, N.A.
194 F. Supp. 2d 1228 (D. Wyo. 2002) Cited 70 times
Concluding that "federal law under the FCRA preempts plaintiff's claims against the defendant relating to it as a furnisher of information," and citing in part the complete preemption of plaintiff's state law claims in its denial of plaintiff's motion to remand its claim
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 357,835 times 950 Legal Analyses
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
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,203 times 141 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,493 times 196 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies
15 U.S.C. § 1681s-2 Cited 2,968 times 44 Legal Analyses
Granting enforcement power to state and federal regulators
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,385 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.

Saccato v. Zwicker & Associates, P.C. et al

24 Cited authorities

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

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

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

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)

Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"

Holding that after verification was requested, the information provided was "sufficient to inform [the debtor] of the amounts of his debts, the services provided, and the dates on which the debts were incurred."

Granting summary judgment for defendant who had been notified of dispute by plaintiffs, but not by a CRA

Holding that "the definition of 'creditor' as used in section 1666 only applies to creditors offering open end credit plans"

Holding that award of successful plaintiff's attorney's fees is mandatory under FDCPA

Concluding that "federal law under the FCRA preempts plaintiff's claims against the defendant relating to it as a furnisher of information," and citing in part the complete preemption of plaintiff's state law claims in its denial of plaintiff's motion to remand its claim

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

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

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

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

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.