Topic: conclusory and speculative statements that cannot survive a… · Go Syfert
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Topic #5613

5 canonical passages across 4 cases, quoted by 61 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Brian Humphreys v. McCabe Weisberg & Conway.

#Case FlagCanonical passage Citers
1 Brian Humphreys v. McCabe Weisberg & Conway Anchor
ca3 · 2017
green “conclusory and speculative statements that cannot survive a motion to dismiss” 19
2 Candace Moyer v. Patenaude & Felix
ca3 · 2021
green “(1) she is a consumer, (2) the defendant is a debt collector, (3) the defendant's challenged practice involves an attempt to collect a 'debt' as the fdcpa defines it, and (4) the defendant has violated a provision of the fdcpa in attempting to collect the debt.” 15
3 Maureen Riccio v. Sentry Credit Inc
ca3 · 2020
green “the fdcpa pursues these stated purposes by imposing affirmative requirements on debt collectors and prohibiting a range of debt-collection practices.” 9
4 Candace Moyer v. Patenaude & Felix
ca3 · 2021
green “is a consumer, (2) the defendant is a debt collector, (3) the defendant's challenged practice involves an attempt to collect a 'debt' as the fdcpa defines it, and (4) the defendant has violated a provision of the fdcpa in attempting to collect the debt.” 9
5 Rotkiske v. Klemm
scotus · 2019
green “congress enacted the fdcpa 'to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect con…” 9

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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