27 Cited authorities

Wantz v. Experian Information Solutions
386 F.3d 829 (7th Cir. 2004) Cited 121 times
Holding that plaintiff failed to provide evidence of actual damages under the FCRA where there was no evidence of disclosure to third parties
Sloane v. Equifax Information Services, LLC
510 F.3d 495 (4th Cir. 2007) Cited 101 times 3 Legal Analyses
Holding that the Seventh Amendment "precludes an appellate court from replacing an award of compensatory damages with one of the court's own choosing"
Crossley v. Lieberman
868 F.2d 566 (3d Cir. 1989) Cited 142 times
Holding attorney violated § 1692e when he sent a collection letter that falsely represented that a mortgage foreclosure case was already in litigation, that threatened to take action within one week, and that failed to inform debtor of her right to cure
In re Maxwell
281 B.R. 101 (Bankr. D. Mass. 2002) Cited 70 times
Holding that a failure to respond to a single qualified written request does not show a pattern or practice of noncompliance under RESPA
Teng v. Metropolitan Retail Recovery Inc.
851 F. Supp. 61 (E.D.N.Y. 1994) Cited 85 times
Holding that "the maximum additional damages of $1,000 is to be awarded for each case, and not for each violation or improper communication"
Thompson v. San Antonio Retail Merchants Ass'n
682 F.2d 509 (5th Cir. 1982) Cited 84 times
Holding that consumer who inter alia spent months trying to correct credit report and who succeeded only after bringing lawsuit could recover for mental anguish
Bryant v. TRW, Inc.
689 F.2d 72 (6th Cir. 1982) Cited 83 times
Holding that making two phone calls to merely confirm inaccurate data amounted to negligent preparation of a credit report
In re Hart
246 B.R. 709 (Bankr. D. Mass. 2000) Cited 47 times
Holding Fannie Mae vicariously liable for unfair trade practices that violated Chapter 93A
Davis v. Creditors Interchange Receivable Mgt.
585 F. Supp. 2d 968 (N.D. Ohio 2008) Cited 33 times
Holding that the FDCPA does not require a plaintiff to satisfy the elements of a state law claim of IIED in order to recover actual damages for emotional distress under the FDCPA
Panahiasl v. Gurney
Case No.: 04-04479 JF (N.D. Cal. Mar. 8, 2007) Cited 31 times
Holding that the defendant's repeated and continuous abusive calling—even after requests that such conduct cease—gave rise to damages for an invasion of privacy
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 96,831 times 669 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,095 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 6,397 times 192 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,146 times 66 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,346 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.
Section 17.50 - Relief for Consumers
Tex. Bus. & Com. Code § 17.50 Cited 1,471 times 5 Legal Analyses
Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty

White v. Regional Adjustment Bureau, Inc.

27 Cited authorities

Holding that plaintiff failed to provide evidence of actual damages under the FCRA where there was no evidence of disclosure to third parties

Holding that the Seventh Amendment "precludes an appellate court from replacing an award of compensatory damages with one of the court's own choosing"

Holding attorney violated § 1692e when he sent a collection letter that falsely represented that a mortgage foreclosure case was already in litigation, that threatened to take action within one week, and that failed to inform debtor of her right to cure

Holding that a failure to respond to a single qualified written request does not show a pattern or practice of noncompliance under RESPA

Holding that "the maximum additional damages of $1,000 is to be awarded for each case, and not for each violation or improper communication"

Holding that consumer who inter alia spent months trying to correct credit report and who succeeded only after bringing lawsuit could recover for mental anguish

Holding that making two phone calls to merely confirm inaccurate data amounted to negligent preparation of a credit report

Holding Fannie Mae vicariously liable for unfair trade practices that violated Chapter 93A

Holding that the FDCPA does not require a plaintiff to satisfy the elements of a state law claim of IIED in order to recover actual damages for emotional distress under the FDCPA

Holding that the defendant's repeated and continuous abusive calling—even after requests that such conduct cease—gave rise to damages for an invasion of privacy

Adopting Fed.R.Civ.P. 37

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

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"

Holding debt collectors civilly liable for illicit debt collection practices

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.

Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty