Getting FDCPA Complaints Dismissed Using Twombly And Iqbal

[admin]

Kinda old article, but thought it was interesting: 

 

http://www.insidearm.com/opinion/getting-fdcpa-complaints-dismissed-using-twombly-and-iqbal/

 

[Garden Gnome]

I think it's interesting because the FDCPA defendants complain that the plaintiffs just reiterate the statutes, but in their pleadings the debt collectors just reiterate the required elements of proof, whether they fit the particular case or not. Pot meet Kettle.

 

And Tombley and Iqbal? Are they Game of Thrones characters or something?

[admin]

@Garden Gnome 

[VADebtor]

So while the problem is, in part, that the JDBs file their junk lawsuits in state court, could this logic and these precedents be used to invoke the fails "to state a claim upon which relief can be granted" defense?  Could these precedents be cited with this logic in states that adopt the Federal Rules?  While I don't think the SCOTUS precedents are binding on state courts can they be referenced?

[admin]

While I don't think the SCOTUS precedents are binding on state courts can they be referenced?

@VADebtor - I could be wrong but I think SCOTUS cases are binding on state courts. 

[VADebtor]

@admin I'm not sure a SCOTUS decision about Federal Rules would be binding on state courts.

[admin]

@admin I'm not sure a SCOTUS decision about Federal Rules would be binding on state courts.

@VADebtor you are right.  

[KentWA]

However, they would be very instructive in states that have adopted all or parts of the Federal Rules verbatim.