Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Bell Atl. Corp. v. Twombly

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Brooks v. Blue Cross & Blue Shield of Florida, Inc.

Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

Marshall Cty. Bd. of Educ. v. Marshall Cty

Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."

Gburek v. Litton Loan Servicing

Holding that a letter threatening foreclosure while also offering to discuss “foreclosure alternatives” qualified as a communication related to debt collection activity within the meaning of § 1692e

Sibley v. Fulton DeKalb Collection Service

Holding that equitable relief is not available to an individual under this section of the FDCPA

Foley v. Wells Fargo Bank, N.A.

Finding that a § 1641(g) claim survived a motion to dismiss where the plaintiff alleged "that, at all relevant times, [the defendant bank] was and is the creditor of the subject note and mortgage"

Kelliher v. Target Nat'l Bank

Holding that increasingly severe statements concerning delinquency status of account constituted debt collection language

Wright v. Select Portfolio Servicing, Inc.

In Wright v. Select Portfolio Servicing, Inc., No. 8:14-CV-2298-T-30TGW, 2015 WL 419618, at *5 (m.d. Fla. Feb. 2, 2015), the defendant debt collector was not a party to the foreclosure and the foreclosure attorney was not counsel with respect to the collection of the debt.

Story v. J.M. Fields, Inc.

Holding 100 calls over five months, where calls came almost daily and sometimes two or three times per day, continuing after defendant was told to quit calling, presented a jury question

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 10 - Form of Pleadings

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Section 1692c - Communication in connection with debt collection

Regulating communications with consumers

Section 559.72 - Prohibited practices generally

Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"

Section 559.552 - Relationship of state and federal law

Section 1026.41 - Periodic statements for residential mortgage loans

Requiring “periodic statements”