Matilda Scott, on Behalf of Herself & All Others Similarly Situated v. Sherwood A. Jones Jones & Jones, 964 F.2d 314 (4th Cir. 1992). · Go Syfert
Matilda Scott, on Behalf of Herself & All Others Similarly Situated v. Sherwood A. Jones Jones & Jones, 964 F.2d 314 (4th Cir. 1992). Cases Citing This Book View Copy Cite
60 citation events (30 in the last 25 years) across 24 distinct courts.
Strongest positive: Driver v. Davis (msnd, 2020-08-26)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
cited Cited as authority (rule) Driver v. Davis
N.D. Miss. · 2020 · confidence medium
Scott v. Jones, 964 F.2d 314, 316 (4th Cir. 1992).
cited Cited as authority (rule) Jillian McAdory v. Dnf Associates, LLC
9th Cir. · 2020 · confidence medium
See Barbato, 916 F.3d at 269 ; Scott v. Jones, 964 F.2d 314, 317 (4th Cir. 1992); see also Mohamad v. Palestinian Auth., 566 U.S. 449, 458 (2012).
discussed Cited as authority (rule) Lynch v. Custom Welding & Repair, Inc.
N.D. Iowa · 2015 · confidence medium
Corp., 215 Fed.Appx. 114, 118 (3d Cir.2007) (“Thus, a business may be a “debt collector” because its “principal-purpose” is the collection of debts or because it “regularly” engages in the collection of debts”); Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992) (finding the “principal purpose” of the defendant’s business qualified him as a debt collector when 70-80% of his legal fees were generated from debt collection); Hester v. Graham, Bright & Smith, P.C., 289 Fed.Appx. 35, 41 (5th Cir.2008) (“The [FDCPA] contains two categories of debt collector, those who collect d…
discussed Cited as authority (rule) Riley v. Giguiere
E.D. Cal. · 2009 · confidence medium
The Ninth Circuit also cited approvingly Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992), where the court held an individual was a debt collector where 70 to 80 percent of his legal fees were generated through debt collection work.
discussed Cited as authority (rule) Sayyed v. Wolpoff & Abramson
4th Cir. · 2007 · confidence medium
Even before the Supreme Court decided Heintz, we stated that, under the plain meaning of the 8 SAYYED v. WOLPOFF & ABRAMSON FDCPA, a litigating attorney fell under the statute’s definition of "debt collector." See Scott v. Jones, 964 F.2d 314, 318 (4th Cir. 1992).
discussed Cited as authority (rule) Farid M. Sayyed v. Wolpoff & Abramson
4th Cir. · 2007 · confidence medium
Even before the Supreme Court decided Heintz , we stated that, under the plain meaning of the FDCPA, a litigating attorney fell under the statute’s definition of “debt collector.” See Scott v. Jones, 964 F.2d 314, 318 (4th Cir.1992).
examined Cited as authority (rule) Karen Wilson v. Draper & Goldberg, P.L.L.C. L. Darren Goldberg (4×) also: Cited "see"
4th Cir. · 2006 · confidence medium
We have declined to follow the Commentary in past FDCPA cases upon discerning such a conflict, see Scott v. Jones, 964 F.2d 314, 317 (4th Cir.1992), and we should do so again here.
discussed Cited as authority (rule) Sarah Goldstein v. Hutton, Ingram, Yuzek, Gainen, Carroll & Bertolotti
2d Cir. · 2004 · confidence medium
Compare Schroyer v. Frankel, 197 F.3d 1170, 1173, 1177 (6th Cir.1999) (where firm handled 50-75 collection cases annually, constituting less than 2% of overall practice, maintained no non-attorney staff or computer aids for debt collection, and debt collection activity came from non-collection business clients and was “incidental to, and not relied upon or anticipated in,” firm’s practice of law, firm was not debt collector); White, 23 F.Supp.2d at 278 (lawyer who sent 35 collection letters once as favor to personal client and filed no follow-up litigation was not debt collector); Von Sc…
cited Cited as authority (rule) Udell v. Kansas Counselors, Inc.
D. Kan. · 2004 · confidence medium
See, e.g., Dutton v. Wolpoff & Abramson, 5 F.3d 649, 654 (3d Cir.1993); Fox v. Citicorp Credit Servs., Inc., 15 F.3d 1507, 1513 (9th Cir.1994); Scott v. Jones, 964 F.2d 314, 317 (4th Cir.1992).
cited Cited as authority (rule) Romine v. Diversified Collection Services, Inc.
9th Cir. · 1998 · confidence medium
Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992).
discussed Cited as authority (rule) 98 Cal. Daily Op. Serv. 7250, 98 Daily Journal D.A.R. 10,057 Steve Romine, on Behalf of Himself and All Others Similarly Situated v. Diversified Collection Services, Inc., and Western Union
9th Cir. · 1998 · confidence medium
Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992). 27 Western Union argues that because it is a common carrier engaged in the business of interstate transmission of messages, its debt collection-related activities do not satisfy the FDCPA's requirement that such activities must be "regular." The legislative history of the FDCPA provides some guidance as to when debt collection activities are to be considered regular: 28 The requirement that debt collection be done "regularly" would exclude a person who collects debt for another in an isolated instance, but would include those who collect for ot…
discussed Cited as authority (rule) Argentieri v. Fisher Landscapes, Inc.
D. Mass. · 1998 · confidence medium
Compare Fox, 15 F.3d at 1513 n. 5 (attorney liable under the Act where between 80% and 100% of his practice was debt collection); Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992) (attorney is a debt collector where at least 70% of his legal fees were generated from the collection of debts); Ditty v. CheckRite, Ltd., Inc., 973 F.Supp. 1320, 1336 (D.Utah 1997) (attorney liable under act where debt collection represented one third to one half of firm’s activities); Blakemore v. Pekay, 895 F.Supp. 972 , 977 n. 2 (N.D.Ill.1995) (defendant attorney was debt collector where plaintiff showed that he…
discussed Cited as authority (rule) Von Schmidt v. Kratter (2×) also: Cited "see"
D. Conn. · 1998 · confidence medium
Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992) (“Deposition testimony revealed that at least 70-80% of Jones’ legal fees were generated in relation to legal work performed toward the collection of debts.”).
cited Cited as authority (rule) Trull v. Lason Systems, Inc.
N.D. Ill. · 1997 · confidence medium
Rather, the question is whether the “ ‘principal purpose’ ” of the defendant’s work is “ ‘the collection of debt.’ ” 4 Id. at 539 (quoting Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992)).
discussed Cited as authority (rule) Heintz v. Jenkins
SCOTUS · 1995 · confidence medium
See, e. g., Brown v. Gardner, 513 U. S. 115, 120-122 (1994); see also Fox v. Citicorp Credit Servs., Inc., 15 F. 3d 1507, 1513 (CA9 1994) (FTC staff’s statement conflicts with Act’s plain language and is therefore not entitled to deference); Scott v. Jones, 964 F. 2d 314, 317 (CA4 1992) (same). *299 For these reasons, we agree with the Seventh Circuit that the Act applies to attorneys who “regularly” engage in consumer-debt-collection activity, even when that activity consists of litigation.
discussed Cited as authority (rule) Azar v. Hayter
N.D. Fla. · 1995 · confidence medium
Jenkins noted that its ruling was consistent with the decision of the Fourth Circuit in Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992), which found under the plain meaning of the statute that an attorney engaged in litigation is a debt collector if he meets the statutory definition. 25 F.3d at 539 .
discussed Cited as authority (rule) Nance v. Petty, Livingston, Dawson, & Devening (2×)
W.D. Va. · 1994 · confidence medium
In Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992), volume was a critical factor in determining that the defendant regularly collected debts and it is dispositive here.
cited Cited as authority (rule) Martinez v. Albuquerque Collection Services, Inc.
D.N.M. · 1994 · confidence medium
Fox v. Citicorp Credit Servs., Inc., 15 F.3d 1507, 1511 (9th Cir.1994); Scott v. Jones, 964 F.2d 314, 318 (4th Cir.1992); Dutton v. Wolhar, 809 F.Supp. 1130, 1140 (D.Del.1992).
discussed Cited as authority (rule) Pierre Paulemon v. Joseph M. Tobin
2d Cir. · 1994 · confidence medium
In Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992), the Fourth Circuit explained that it need not resort to legislative history because the statutory language defining “debt collector” under the FDCPA was clear and unambiguous.
examined Cited as authority (rule) Aaron Fox Toni Fox, Husband and Wife v. Citicorp Credit Services, Inc., a South Dakota Corporation Jerold Kaplan Jane Doe Kaplan, Husband and Wife (4×) also: Cited "see"
9th Cir. · 1994 · signal: cf. · confidence medium
Cf. Scott, 964 F.2d at 316 (concluding that principal purpose of attorney's business was debt collection where 70-80 percent of legal fees were generated by such work) 6 Although the district court did not base its award of summary judgment on this provision, we may affirm judgment on any basis supported by the record.
cited Cited "see" James v. Wadas
10th Cir. · 2013 · signal: see · confidence high
See Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992); Schroyer v. Frankel, 197 F.3d 1170, 1176 (6th Cir. 1999); Stojanovski v. Strobl & Manoogian, P.C., 783 F.Supp. 319, 322 (E.D.Mich.1992).
cited Cited "see" Parker v. Bac Home Loans Servicing Lp
D.D.C. · 2011 · signal: see · confidence high
See Opp. at 7 (citing Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992) (“[Defendant] asserted the affirmative defense that he was not a ‘debt collector’ as defined in the FDCPA.”)).
discussed Cited "see" April McMillan v. Collection Professionals, Incorporated, an Illinois Corporation (2×)
7th Cir. · 2006 · signal: see · confidence high
See Scott v. Jones, 964 F.2d 314, 317 (4th Cir.1992). 35 In the accomplishment of our present task, we do not find the FTC commentary particularly helpful.
cited Cited "see" McMillan, April v. Collection Prof'l
7th Cir. · 2006 · signal: see · confidence high
See Scott v. Jones, 964 F.2d 314, 317 (4th Cir. 1992).
cited Cited "see" Lord v. Carragher (In Re Lord)
Bankr. M.D. Ga. · 1998 · signal: see · confidence high
See Scott v. Jones, 964 F.2d 314, 316 (4th Cir.1992) (section 1692i applies only to debt collectors).
discussed Cited "see, e.g." Gary Plunkitt v. Beckoning Way Community Association
Ind. Ct. App. · 2012 · signal: see also · confidence low
“If the principal purpose of a lawyer’s work is the collection of debts, he is a ‘debt collector’ under the Act.” Wilson v. Draper & Goldberg, P.L.L.C., 443 F.3d 373, 378 (4th Cir. 2006); see also Scott v. Jones, 964 F.2d 314 (4th Cir.1992).
discussed Cited "see, e.g." Heller v. Graf
N.D. Ill. · 2007 · signal: see, e.g. · confidence low
See e.g., Scott v. Jones, 964 F.2d 314 (4th Cir.1992)(attorney found debt collector where fees from debt collection constituted 70-80% of total fees); Fox v. Citicorp Credit Services, Inc., 15 F.3d 1507 (9th Cir.1994) (attorney who stated that 98-100% of practice for two years and 80% of practice for three years was in area of collection was found to be a debt collector).
Retrieving the full opinion text from the archive…
Matilda SCOTT, on Behalf of Herself and All Others Similarly Situated, Plaintiff-Appellee,
v.
Sherwood A. JONES; Jones & Jones, Defendants-Appellants
91-2557.
Court of Appeals for the Fourth Circuit.
May 6, 1992.
964 F.2d 314
1992 U.S. App. LEXIS 9818
1992 WL 91305
William Delaney Bayliss, Williams, Mullen, Christian & Dobbins, Richmond, Va., argued (Dana D. McDaniel, Glen A. Lea, on brief), for defendants-appellants., Norman A. Kinnier, Fralin, Freeman & Kinnier, P.C., Lynchburg, Va., argued (Roy L. Steinheimer, Jr., Gary M. Coates, on brief), for plaintiff-appellee.
Ervin, Russell, Wilkinson.
Cited by 41 opinions  |  Published

OPINION

ERVIN, Chief Judge:

The plaintiff-appellee, Matilda Scott, brings this class action against Sherwood Jones and his law firm, Jones & Jones, for violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. Jones argues that he is not a “debt collector” within the meaning of the FDCPA. We agree with the district court that Jones falls within the plain meaning of the FDCPA definition of “debt collector” and, accordingly, affirm the district court’s ruling.

I.

Sherwood Jones is an attorney practicing in Richmond, Virginia. For several years, Jones has been retained by Central Fidelity Bank (“CFB”) and Investors Savings Bank to represent their bank card divisions in lawsuits based on delinquent credit card accounts. In February 1990, Jones filed suit in the General District Court for the City of Richmond against Matilda Scott, a resident of Lynchburg, Virginia, to recover the balance past due on Scott’s credit card account with CFB. Scott had applied for a CFB credit card at the Lynchburg branch office of the bank. Venue in Richmond was proper under state law.

Scott objected to the Richmond venue under the FDCPA, which states, in relevant part, “Any debt collector who brings any legal action on a debt against any consumer shall ... bring such action only in the judicial district or similar legal entity — (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action.” 15 U.S.C. § 1692i(a). Jones agreed to transfer the case to Lynchburg General District Court, and CFB ultimately dropped the case and forgave Scott’s debt.

Scott filed a purported class action against Jones and his law firm, Jones & Jones, seeking imposition of civil liability, as authorized by 15 U.S.C. § 1692k, for violation of the FDCPA venue provision. Scott requested, on behalf of herself and[*316] the class: actual damages, statutory damages, attorney’s fees and injunctive relief. Jones asserted the affirmative defense that he was not a “debt collector” as defined in the FDCPA, and therefore was not in violation of that statute. On crossmotions for partial summary judgment on this issue, the district court found for Scott, ruling that Jones was a “debt collector” under the FDCPA. On June 11, 1991, this court granted Jones’ motion for an interlocutory appeal of the district court's ruling, pursuant to 28 U.S.C. § 1292(b).

II.

The venue restrictions of 15 U.S.C. § 1692i apply only to legal actions initiated by “debt collectors,” as defined in the FDCPA. According to that statute:

The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.

15 U.S.C. § 1692a(6). The court below found that the foregoing definition was clear without reference to extraneous interpretive guidance and ruled that Jones’ conduct satisfied both of the alternative prongs of the definition.

We agree with the district court’s conclusion that the “principal purpose” of Jones’ business was the collection of debts. Deposition testimony revealed that at least 70-80% of Jones’ legal fees were generated in relation to legal work performed toward the collection of debts. Equally persuasive is the district court’s conclusion that Jones regularly attempted to collect debts “indirectly,” as outlined in the second prong of the “debt collector” definition. The “regularity” is shown by the sheer volume of Jones’ business. Jones filed approximately 4,000 warrants per year between 1983 and 1987, and while the number declined in recent years, the practice continued to constitute a significant portion of his business.

We do not accept Jones’ argument that he was engaged in the practice of law, not the collection of debts. We find this to be an artificial distinction. No matter what name is applied to Jones’ activities, it is clear that the “principal purpose” of his work was the collection of debt. Likewise, we concur with the district judge that, at the very least, the filing of warrants constitutes an “indirect” means of debt collection. We reach this conclusion both from a common sense construction of the statutory language, and from the simple fact that, in the FDCPA itself, Congress chose to regulate the venue of debt related court actions alongside other, more direct, methods of debt collection.

We, like the district court, find the statutory language defining “debt collector” for purposes of the FDCPA to be clear and unambiguous and, therefore, decline to consider Jones’ arguments relating to the legislative history of the provision. See United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 241, 109 S.Ct. 1026, 1030, 103 L.Ed.2d 290 (1989) (“where, as here, the statute’s language is plain, ‘the sole function of the courts is to enforce it according to its terms.’ ” (quoting Caminetti v. United States, 242 U.S. 470, 37 S.Ct. 192, 61 L.Ed. 442 (1917))). [1] We acknowledge[*317] that there is no absolute rule against use of extrinsic aids to statutory interpretation, even in the face of facially unambiguous statutory language. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1, 10, 96 S.Ct. 1938, 1942, 48 L.Ed.2d 434 (1976). Nevertheless we find that the statutory language of the FDCPA is sufficiently clear, and the legislative history sufficiently sparse, that the legislative history has relatively little persuasive weight in comparison to the plain meaning of the statute.

Similarly, Jones argues that this court is bound by the Federal Trade Commission (“FTC”) interpretation of the meaning of “collection of debt” as used in the FDCPA. The FTC’s position has been that only “[a]ttorneys or law firms that engage in traditional debt collection activities (sending dunning letters, making collection calls to consumers) are covered by the FDCPA____ The term [debt collector] does not include ... [a]n attorney whose practice is limited to legal activities (e.g., the filing and prosecution of lawsuits to reduce debts to judgment).” “Federal Trade Commission, Statements of General Policy or Interpretation, Staff Commentary on the Fair Debt Collection Practices Act,” 53 Fed.Reg. 50,-097, 50,100-02 (1988). The FTC’s interpretation is based on the legislative history of the statute {see discussion supra, n. 1) purportedly indicating that Congress did not mean, by repealing the attorney exception, to extend the range of activities proscribed by the FDCPA. The FTC confirmed its position in a letter addressed specifically to Jones, who, concerned about his status under the FDCPA, had directly solicited the FTC’s advice. A staff attorney of the FTC’s Bureau of Consumer Protection, Division of Credit Practices, informed Jones:

According to your description of your practice, you initiate collection suits against debtors on behalf of your client and represent your client in any ensuing litigation. You indicate that you engage in no pre-litigation collection efforts on behalf of your client. Attorneys whose practice involves only the kind of legal services traditionally provided by attorneys, not collection activities traditionally performed by debt collectors, are not debt collectors within the meaning of the Act and thus are not subject to the Act’s requirements.

J.A. at 297-98 (footnote omitted). [2]

We decline to adopt the FTC’s position. Under the teachings of Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), “if the statute is silent or ambiguous with respect to the specific issue,” a court should defer to a reasonable administrative interpretation of the statute. Id. at 843, 104 S.Ct. at 2782. As we held above in our discussion of the legislative history, we believe that the plain language of the provision defining “debt collector” for purposes of the FDCPA is unambiguous. The FTC’s interpretation, which would place Jones outside that definition despite the clear evidence that the “principal purpose” of his business is the collection of debt, runs counter to the plain meaning of the statutory language. We cannot defer to an agency interpretation that defeats an express Congressional command. See, e.g., Estate of Thompson v. Commissioner, 864 F.2d 1128, 1134 (4th Cir.1989). Thus, we hold that an attorney performing exclusively legal tasks is not, on that basis alone, precluded from being considered a “debt collector” under the FDCPA. Cf. Crossley v. Lieberman, 868 F.2d 566 (3rd Cir.1989) (holding attorney liable for violation of the FDCPA). [3]

[*318] III.

In sum, we hold that the statutory definition of “debt collector” is sufficiently clear to avoid recourse to the legislative history of the statute. Furthermore, we hold that the FTC’s interpretation of the definition is in conflict with the unambiguous text of the statute, and accordingly, we decline to adopt that interpretation. Under the plain meaning of the statute, the district court’s conclusion that Jones was a “debt collector” and, therefore, subject to the venue provisions of the FDCPA, was a correct finding of law. The district court’s grant of partial summary judgment in favor of Scott is hereby

AFFIRMED.

1

. Jones contends that the legislative history of the FDCPA reveals that Congress only intended to regulate "traditional debt collection activities” such as the transmittal of dunning letters and other forms of direct contact with debtors. As evidence, he points to the fact that the FDCPA originally contained a complete exemption for attorneys. When the statute was amended in 1986, Jones contends that Congress only intended to make attorneys liable under the statute to the same extent as other non-lawyer debt collectors. The House of Representatives Report on the amendment shows that the primary concern of the Banking, Finance and Urban Affairs Committee, which reported on the proposed legislation, was the unfair advantage accorded to attorneys who could legally engage in the same abusive practices that were proscribed for non-lawyer debt collectors. See H.R.Rep. No. 99-405, 99th Cong., 1st Sess., 1-7, reprinted in 1986 U.S.C.C.A.N. 1752. In addition, one of the sponsors of the legislation, Rep. Annunzio, speaking on the floor of the House after the passage of the bill, stated, "Only collection activities, not legal activities, are covered by the Act____ The act applies to attorneys when they are collecting debts, not when they are performing tasks of a legal nature.” 132 Cong.Rec. H 10031 (1986).[*317] We find neither of these sources to be sufficiently probative regarding Congressional intent to override the express provisions of the statute.

2

. The letter did conclude by cautioning Jones, "The views expressed in this letter reflect an informal staff opinion that is binding neither upon the Commission nor upon a court." J.A. at 298.

3

. Jones distinguishes Crossley on the grounds that, in that case, the attorney personally contacted the debtor, demanding repayment of the debt. It is unclear from the Crossley opinion whether the court relied upon this fact, or whether the attorney’s purely legal activities related to debt collection would have sufficed to meet the "debt collector" definition. Regardless of how the Crossley opinion is interpreted, we discern nothing in the opinion that contradicts[*318] our holding that an attorney can be considered a "debt collector" exclusively on the basis of his legal activities.