Karen Wilson v. Draper & Goldberg, P.L.L.C. L. Darren Goldberg
Court of Appeals for the Fourth Circuit
1DissentWidener, Circuit Judge
I respectfully dissent.
I begin with the full text of the fiduciary exception to the statutory definition of “debt collector”:
The term [debt collector] does not include^—
(F) any person collecting or attempting to collect any debt owed or due or *380asserted to be owed or due another to the extent such activity (I) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement,
15 U.S.C. 1692a(6). It is undisputed that defendants were trustees on the deed of trust. (JA 22, 41.) This means that they were fiduciaries as a matter of law. See Bunn v. Kuta, 109 Md.App. 53, 674 A.2d…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Heintz v. JenkinsSupreme Court of the United States · 1995
- Goswami v. American Collections Enterprise, Inc.Court of Appeals for the Fifth Circuit · 2004
- Matilda Scott, on Behalf of Herself and All Others Similarly Situated v. Sherwood A. Jones Jones & JonesCourt of Appeals for the Fourth Circuit · 1992
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