27 Cited authorities

  1. 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
  2. Sloane v. Equifax Information Services, LLC

    510 F.3d 495 (4th Cir. 2007)   Cited 100 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"
  3. 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
  4. 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
  5. 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"
  6. 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
  7. Thompson v. San Antonio Retail Merchants Ass'n

    682 F.2d 509 (5th Cir. 1982)   Cited 83 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
  8. 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
  9. 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
  10. 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
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,318 times   656 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 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
  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,013 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  14. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,317 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"
  15. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,120 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices
  16. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,316 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.
  17. Section 17.50 - Relief for Consumers

    Tex. Bus. & Com. Code § 17.50   Cited 1,457 times   5 Legal Analyses
    Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty