Legal Opinion · Dissent

Karen Wilson v. Draper & Goldberg, P.L.L.C. L. Darren Goldberg

Court of Appeals for the Fourth Circuit

Decided April 5, 2006No. 05-1392Published

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

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. Heintz v. JenkinsSupreme Court of the United States · 1995
  4. Goswami v. American Collections Enterprise, Inc.Court of Appeals for the Fifth Circuit · 2004
  5. 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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