17 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
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,732 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Cunningham Brothers, Inc. v. Bail
407 F.2d 1165 (7th Cir. 1969) Cited 184 times
Holding that "no duty to do anything arises until the alleged indemnitee is adjudged liable"
Ryder v. Bank of Hickory Hills
146 Ill. 2d 98 (Ill. 1991) Cited 91 times
Finding that whether a bank had waived its acceleration rights is a "question of fact"
Hickman v. Wells Fargo Bank N.A.
683 F. Supp. 2d 779 (N.D. Ill. 2010) Cited 47 times
Holding that the obligation to act in good faith "does not provide a person with a separate, independent cause of action"
In re Trans Union Corp. Privacy Litigation
211 F.R.D. 328 (N.D. Ill. 2002) Cited 53 times
Holding that plaintiffs who alleged that their own personal credit information was disclosed for an improper purpose established their standing to sue under the FCRA
Neff v. Capital Acquisitions & Management Co.
352 F.3d 1118 (7th Cir. 2003) Cited 49 times
Holding that credit card debt assignees have no obligation to send periodic statements
McCabe v. Crawford Company
No. 01 C 8194 (N.D. Ill. Jul. 8, 2003) Cited 41 times
Holding that plaintiff's expert, a law professor who specialized in consumer law, "may not expound on what complies and does not comply with the [Fair Debt Collection Practices Act]; these are inappropriate legal conclusions"
Olvera v. Blitt Gaines, P.C
431 F.3d 285 (7th Cir. 2005) Cited 30 times 2 Legal Analyses
Holding that the FDCPA is not "a vehicle for enforcing a state law"
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 225 ILCS 425/1 - [Renumbered]
225 ILCS 425/1 Cited 90 times
225 ILCS 425/1 P.A. 78-1248. Renumbered as 205 ILCS 740/1 by P.A. 102-0975,§ 95, eff. 1/1/2023.
Section 226.5 - General disclosure requirements
12 C.F.R. § 226.5 Cited 114 times
Implementing 15 U.S.C. § 1631

Terech v. First Resolution Management Corporation et al

17 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 courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that "no duty to do anything arises until the alleged indemnitee is adjudged liable"

Finding that whether a bank had waived its acceleration rights is a "question of fact"

Holding that the obligation to act in good faith "does not provide a person with a separate, independent cause of action"

Holding that plaintiffs who alleged that their own personal credit information was disclosed for an improper purpose established their standing to sue under the FCRA

Holding that credit card debt assignees have no obligation to send periodic statements

Holding that plaintiff's expert, a law professor who specialized in consumer law, "may not expound on what complies and does not comply with the [Fair Debt Collection Practices Act]; these are inappropriate legal conclusions"

Holding that the FDCPA is not "a vehicle for enforcing a state law"

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"

Implementing 15 U.S.C. § 1631