Llewellyn v. Shearson Financial Network, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• interpreting complaint in light most favorable to plaintiff and denying motion to dismiss where it was not always clear which of similarly-named corporate entities short-form names in complaint referred to
• accepting for purposes of Rule 12(b)(6) an allegation that defendant was a debt collector due to its failure to legally obtain the right to collect a debt
• on motion to dismiss, finding plaintiff sufficiently pled extreme and outrageous conduct where plaintiff had notified defendant he had paid off loan but defendant still reported the loan as delinquent to credit reporting agencies
• “[T]he text of the statute clearly provides that the notice of a dispute that creates a duty to investigate under § 1681s–2(b) is a notice that comes from a credit reporting agency, not the borrower himself.”
• also against Ocwen Loan Servicing

Source: CourtListener parenthetical corpus (CC0).