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Young et al v. TransUnion Corp. et al

RESPONSE in Opposition re MOTION to Dismiss for Failure to State a Claim

52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,491 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 24,392 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

  5. TRW Inc. v. Andrews

    534 U.S. 19 (2001)   Cited 1,200 times   11 Legal Analyses
    Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

  6. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,010 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  7. Carvalho v. Equifax Information Services, LLC

    629 F.3d 876 (9th Cir. 2010)   Cited 1,159 times   4 Legal Analyses
    Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

  8. Safeco Ins. Co. of America v. Burr

    551 U.S. 47 (2007)   Cited 360 times   1 Legal Analyses
    Holding that liability for “willfully” failing to comply with the FCRA extends not only to acts known to violate the FCRA, but also to the reckless disregard of a statutory duty

  9. Usher v. City of Los Angeles

    828 F.2d 556 (9th Cir. 1987)   Cited 2,111 times
    Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule

  10. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 909 times   4 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,443 times   195 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  13. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,362 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.

  14. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,504 times   60 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  15. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,416 times   66 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  16. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,169 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  17. Section 1681g - Disclosures to consumers

    15 U.S.C. § 1681g   Cited 432 times   27 Legal Analyses
    Granting a consumer the right to obtain a copy of his credit report

  18. Section 1785.25 - Information not complete or inaccurate

    Cal. Civ. Code § 1785.25   Cited 312 times   3 Legal Analyses
    Prohibiting reporting of information that is known to be incomplete or inaccurate

  19. Section 1785.1 - Legislative findings and declaration

    Cal. Civ. Code § 1785.1   Cited 165 times   4 Legal Analyses

    The Legislature finds and declares as follows: (a) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, and general reputation of consumers. (b) Consumer credit reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. (c) There is a need to insure that consumer credit reporting agencies exercise their grave responsibilities with fairness, impartiality

  20. Section 1681k - Public record information for employment purposes

    15 U.S.C. § 1681k   Cited 102 times   4 Legal Analyses
    Stating a "consumer reporting agency which furnishes a consumer report for employment purposes ... shall maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date"