24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,433 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 268,213 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 1,121 times 4 Legal Analyses
Holding that "other paper" does not include documents received prior to the receipt of the initial pleading; thus, plaintiff's settlement demand letter predating the filing of her complaint did not trigger a thirty-day removal period
Burnett v. Mortg. Elec. Registration Sys., Inc.
706 F.3d 1231 (10th Cir. 2013) Cited 481 times 1 Legal Analyses
Finding lack of plausibility where complaint contains "vague alleged acts" and "broad allegations" such that court cannot "tell what the misconduct was"
Chiang v. Verizon New Eng.
595 F.3d 26 (1st Cir. 2010) Cited 370 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."
Pinson v. Equifax Credit
316 F. App'x 744 (10th Cir. 2009) Cited 201 times
Holding that “§ 1681s-2 provides no private cause of action”
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"
In re Nash
765 F.2d 1410 (9th Cir. 1985) Cited 199 times
Holding that any undistributed earnings paid to a Chapter 13 trustee pursuant to a confirmed plan must be returned to the debtor upon dismissal of the Chapter 13 case
Wright v. Experian Info. Sols., Inc.
805 F.3d 1232 (10th Cir. 2015) Cited 82 times 2 Legal Analyses
Affirming summary judgment to Trans Union where consumer disputed validity of tax lien
Eller v. Trans Union, LLC
739 F.3d 467 (10th Cir. 2013) Cited 72 times
Holding that district court did not abuse its discretion by denying telephonic appearance at trial when party knew of witnesses' out-of-state residence and could have foreseen that the witness might not be available for trial
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 347,669 times 925 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
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 3,307 times 6 Legal Analyses
Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
Section 1681a - Definitions; rules of construction
15 U.S.C. § 1681a Cited 1,489 times 60 Legal Analyses
Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)
Section 1681e - Compliance procedures
15 U.S.C. § 1681e Cited 1,359 times 62 Legal Analyses
Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

Smith v. Equifax Information Services,Llc et al

24 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 that "other paper" does not include documents received prior to the receipt of the initial pleading; thus, plaintiff's settlement demand letter predating the filing of her complaint did not trigger a thirty-day removal period

Finding lack of plausibility where complaint contains "vague alleged acts" and "broad allegations" such that court cannot "tell what the misconduct was"

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."

Holding that “§ 1681s-2 provides no private cause of action”

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"

Holding that any undistributed earnings paid to a Chapter 13 trustee pursuant to a confirmed plan must be returned to the debtor upon dismissal of the Chapter 13 case

Affirming summary judgment to Trans Union where consumer disputed validity of tax lien

Holding that district court did not abuse its discretion by denying telephonic appearance at trial when party knew of witnesses' out-of-state residence and could have foreseen that the witness might not be available for trial

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

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”

Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes