§Why CasetextPricing

Williams v. Trans Union et al

MOTION to Dismiss

22 Cited authorities

  1. Young v. Equifax Credit Inf. Services, Inc.

    294 F.3d 631 (5th Cir. 2002)   Cited 266 times
    Holding that plaintiff's claims fail as a matter of law without evidence that defendant received notice of a dispute from a consumer reporting agency

  2. Washington v. CSC Credit Services Inc.

    199 F.3d 263 (5th Cir. 2000)   Cited 228 times   1 Legal Analyses
    Holding that only the Federal Trade Commission, and not private litigants, could obtain injunctive relief under the FCRA

  3. Cousin v. Trans Union Corp.

    246 F.3d 359 (5th Cir. 2001)   Cited 188 times
    Holding that the plaintiff failed to show that Trans Union's credit report was the cause of emotional distress where there were reports from multiple agencies at play

  4. Thornton v. Equifax

    449 U.S. 835 (1980)   Cited 107 times
    Defining the term malice

  5. 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

  6. Thornton v. Equifax, Inc.

    619 F.2d 700 (8th Cir. 1980)   Cited 103 times
    Adopting the New York Times Co. v. Sullivan, 376 U.S. 254, 279-280, standard, which requires that a statement be made with "knowledge that it was false or with reckless disregard of whether it was false or not"

  7. McCloud v. Homeside Lending

    Civil Action No. CV-03-S-2511-NE (N.D. Ala. Jan. 30, 2004)   Cited 24 times
    Describing debate and collecting cases

  8. Poulson v. Trans Union, LLC

    370 F. Supp. 2d 592 (E.D. Tex. 2005)   Cited 13 times
    Dismissing Plaintiff's claims for injunctive relief on the basis that private litigants may not seek injunctive relief against consumer reporting agencies

  9. Albert v. Trans Union Corp.

    346 F.3d 734 (7th Cir. 2003)   Cited 12 times
    In Albert, we said that interlocutory appeals "represent a continuum" with unreviewable orders not denying any injunctive relief at one end and reviewable orders denying all injunctive relief at the other end.

  10. Carlson v. Trans Union, Llc.

    261 F. Supp. 2d 663 (N.D. Tex. 2003)   Cited 8 times
    Stating that the "immunity" provided to CRAs under 15 U.S.C. § 1681h(e) "requires that a Plaintiff show 'malice or willful intent to injure' before the Plaintiff can recover for tort claims under state law" (quoting 15 U.S.C. § 1681h(e))

  11. 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

  12. 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. . . ."

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,993 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. 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"

  15. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,493 times   196 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  16. Section 2202 - Further relief

    28 U.S.C. § 2202   Cited 2,623 times
    Permitting court to issue "[f]urther necessary or proper relief based on a declaratory judgment"

  17. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 738 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"

  18. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 300 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"