Tuttle v. Equifax Check’s Empirical Analysis

Citation profile

11 federal appellate · 5 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If state law expressly permits service charges, a service charge may be imposed even if the contract is silent on the matter; If state law expressly prohibits service charges, a service charge cannot be imposed even if the contract allows it; If state law neither affirmatively permits nor expressly prohibits service charges, a service charge can be imposed only if the customer expressly agrees to it in the contract.”

   5 later decisions quote this exact passage · from the majority
   e.g. LaRocque v. TRS Recovery Services, Inc. · 479 F. Supp. 2d 287 - Fields v. Western Mass. Credit Corp.

2. “any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.”

   3 later decisions quote this exact passage · from the majority
   e.g. Tito Pollice v. National Tax Funding Lp · Freyermuth v. Credit Bureau Services, Inc.

3. “Article 2 of the UCC, as adopted in Connecticut, provides that “[w]hen the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under section 42a-2-710, the price ... of goods accepted.” Conn. Gen.Stat. § 42a-2-709. The “incidental damages” permitted under § 42a-2-709 “include any commercially reasonable charges, expenses or commissions ... otherwise resulting from the breach,” id. § 42a-2-710, and may be recovered by a seller or by a “person in the position of a seller, ” id. § 42a-2-707. The latter includes (as the commentary advises) “a financing agency which has acquired documents ... by discounting a draft for the seller.... ” Conn. Gen.Stat. Ann. § 42a-2~ 707, comment (West 1990 & Supp.1999). More generally, a “financing agency” is defined in the UCC as one “who in the ordinary course of business ... by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale.” Conn. Gen.Stat. § 42a-2-104.”

   1 later decision quote this exact passage · from the majority
   e.g. Seeger v. AFNI, Inc.