72 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 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 279,848 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
Swanson v. Citibank
614 F.3d 400 (7th Cir. 2010) Cited 2,099 times 2 Legal Analyses
Holding plaintiff stated a claim under § 3605
Ford Motor Credit Co. v. Milhollin
444 U.S. 555 (1980) Cited 838 times
Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational
Aetna Life Ins. Co. v. Haworth
300 U.S. 227 (1937) Cited 3,511 times 1 Legal Analyses
Holding that a request for a declaratory judgment regarding an insured's disability was justiciable
Donohue v. Quick Collect
592 F.3d 1027 (9th Cir. 2010) Cited 466 times 2 Legal Analyses
Holding that a complaint served on the debtor is a communication subject to the FDCPA
Pollice v. National Tax Funding, L.P.
225 F.3d 379 (3d Cir. 2000) Cited 535 times
Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"
Huertas v. Galaxy Asset Management
641 F.3d 28 (3d Cir. 2011) Cited 370 times 6 Legal Analyses
Holding that the FDCPA prohibits a debt collector from "initiat[ing] or threaten[ing] legal action in connection with its debt collection efforts" for time-barred debt
Delta Consulting Group v. R. Randle Const
554 F.3d 1133 (7th Cir. 2009) Cited 343 times
Affirming district court's decision to strike portions of complaint regarding document that undisputedly never existed
Ruth v. Triumph Partnerships
577 F.3d 790 (7th Cir. 2009) Cited 320 times 4 Legal Analyses
Holding that a notice claiming a right to collect and/or share information about the debtor “to the extent permitted by law” was misleading because there are no circumstances under which the law actually permits dissemination of a debtor's information
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 361,487 times 960 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 163,896 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 15,261 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 7,048 times 110 Legal Analyses
Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,477 times 39 Legal Analyses
Providing a non-exhaustive list of conduct that is unfair or unconscionable
Section 1692d - Harassment or abuse
15 U.S.C. § 1692d Cited 1,936 times 22 Legal Analyses
Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously
Section 735 ILCS 5/13-205 - Five year limitation
735 ILCS 5/13-205 Cited 752 times 23 Legal Analyses
Setting a default five-year period for civil claims not otherwise provided for
Section 226.5 - General disclosure requirements
12 C.F.R. § 226.5 Cited 114 times
Implementing 15 U.S.C. § 1631
Section 1.6050P-1 - Information reporting for discharges of indebtedness by certain entities
26 C.F.R. § 1.6050P-1 Cited 91 times
Requiring filing of Form 1099-C on occurrence of certain events "whether or not an actual discharge of indebtedness has occurred on or before the date on which the identifiable event has occurred"

Terech v. First Resolution Management Corporation et al

72 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 plaintiff stated a claim under § 3605

Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational

Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

Holding that a complaint served on the debtor is a communication subject to the FDCPA

Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

Holding that the FDCPA prohibits a debt collector from "initiat[ing] or threaten[ing] legal action in connection with its debt collection efforts" for time-barred debt

Affirming district court's decision to strike portions of complaint regarding document that undisputedly never existed

Holding that a notice claiming a right to collect and/or share information about the debtor “to the extent permitted by law” was misleading because there are no circumstances under which the law actually permits dissemination of a debtor's information

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"

Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

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

Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

Setting a default five-year period for civil claims not otherwise provided for

Implementing 15 U.S.C. § 1631

Requiring filing of Form 1099-C on occurrence of certain events "whether or not an actual discharge of indebtedness has occurred on or before the date on which the identifiable event has occurred"