Aldens, Inc. v. Ryan

454 F. Supp. 465, 1976 U.S. Dist. LEXIS 14652
CourtDistrict Court, W.D. Oklahoma
DecidedJune 14, 1976
DocketNo. CIV-75-0458-D
StatusPublished
Cited by1 cases

This text of 454 F. Supp. 465 (Aldens, Inc. v. Ryan) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aldens, Inc. v. Ryan, 454 F. Supp. 465, 1976 U.S. Dist. LEXIS 14652 (W.D. Okla. 1976).

Opinion

MEMORANDUM OPINION

DAUGHERTY, Chief Judge.

Plaintiff, Aldens, Inc. (Aldens) brings this action for a Judgment declaring [469]*469two provisions of the Oklahoma Uniform Consumer Credit Code (UCCC), 14A Oklahoma Statutes, § 1-101 et seq., to be Constitutionally invalid. The two challenged provisions, 14A Oklahoma Statutes, § 1— 201(5)(a) and § 1-201A deal with the extraterritorial application of the maximum interest rate permitted in consumer credit sales by the Oklahoma UCCC and the denial of an Oklahoma forum to persons charging interest rates in excess of those permitted by the Oklahoma UCCC. Plaintiff asserts these provisions to be unconstitutional as violative of the Commerce Clause, Article I, Section 8, and the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States.1 This case has been submitted to the Court on a stipulation of fact, the Briefs of the Parties and the Amicus Curiae Brief.of Irvin D. Parker, Administrator of the South Carolina Department of Consumer Affairs. A three-judge District Court need not be convened pursuant to 28 U.S.C. § 2281 as only declaratory relief is sought. Seergy v. Kings County Republican County Committee, 459 F.2d 308 (Second Cir. 1972); Communist Party v. State Bd. of Elec., State of Ill., 518 F.2d 517 (Seventh Cir. 1975).

Aldens is a Chicago, Illinois “mail order” house which, by means of the mail and other instrumentalities of interstate commerce, solicits and fills retail merchandise orders from Oklahoma residents. Some of Aldens’ sales to Oklahoma residents would constitute consumer credit sales within the meaning of the Oklahoma UCCC if that Code were held to be applicable to it. Patrick C. Ryan is the Administrator of Consumer Affairs for the State of Oklahoma, and is charged by Statute with the administration of the Oklahoma UCCC. Ryan has threatened to enforce the maximum interest provisions of the UCCC against Aldens by virtue of the two Code provisions to which Aldens objects herein.2

Ryan has counterclaimed against Aldens for damages and an injunction. Ryan seeks the recovery of damages allegedly sustained by Oklahoma residents as a result of Al-dens’ alleged collection of excessive finance charges, and an injunction restraining the collection by Aldens, in the future, of such allegedly excessive finance charges.

ELEVENTH AMENDMENT

Before reaching the merits of this case, the Court must consider a threshold jurisdictional matter which has not been raised by the parties. The Eleventh Amendment to the United States Constitution provides that;

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by a Citizen of another State

A State’s Eleventh Amendment immunity from suit in Federal Court extends to an action against a State official in which the State is the real party in interest. Standing Rock Sioux Indian Tribe v. Dorgan, 505 F.2d 1135 (Eighth Cir. 1974). A State is the real party in interest in an action against one of its officials if the official, while acting in the capacity in which he is sued, is nothing more than an arm of the State performing a governmental function. DeLong Corporation v. Oregon State Highway Com’n, 233 F.Supp. 7 (D.Or.1964), Aff’d 9 Cir., 343 F.2d 911. It is clear that the Defendant herein, who is sued in his official capacity, is, in his official capacity, an arm of the State of Oklahoma performing a governmental function. Therefore, this suit is against one of the United States by a citizen of another State and, as such, Oklahoma enjoys Eleventh Amendment immunity from suit in a Federal Court.

[470]*470However, notwithstanding^ the language of the Eleventh Amendment which would appear to create a complete jurisdictional bar, a State may waive its Eleventh Amendment immunity and consent to be sued in a Federal Court. Gallagher v. Continental Insurance Company, 502 F.2d 827 (Tenth Cir. 1974). In this action, Defendant has answered the Complaint without objection to jurisdiction, asserted a Counterclaim, entered into a stipulation of fact and submitted the case for decision on its stipulation. On the basis of these facts, the Court finds and concludes that Oklahoma has waived its Eleventh Amendment immunity for purposes of this action only. Compare Gallagher v. Continental Insurance Company, supra.3

A second basis for the Court’s exercise of jurisdiction herein is through the application of the doctrine of Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908). That doctrine is that a State official acting pursuant to an unconstitutional statute is stripped of his representative capacity because a State cannot authorize its officers to act in an unconstitutional manner. See also Mobil Oil Corporation v. Kelley, 493 F.2d 784 (Fifth Cir. 1974). Thus, it appears that if the challenged provisions of the Oklahoma UCCC are in fact unconstitutional, Ryan would not be acting as an arm of the State in the enforcement of its UCCC against Aldens and Oklahoma’s Eleventh Amendment immunity would be inapplicable in this action.

FACTS

The operative facts of this case, as derived from the parties’ stipulation of fact, are as follows: Aldens is an Illinois corporation whose only physical assets are in Chicago, Illinois. Aldens sells merchandise to customers who reside in all 50 States. Approximately 1.03% of Aldens’ total sales for the twelve months ending September 26, 1975 were to Oklahoma residents. These sales amounted to about $2,051,000.00. Approximately 19% of that sum was derived from cash sales, the balance having derived from credit sales. Most of Aldens’ credit sales constitutes consumer credit transactions within the meaning of the Oklahoma UCCC.

Aldens mails catalogs to its regular Oklahoma customers four times a year. Supplemental “flyers” are mailed to these same persons six to eight times a year. Advertising is included in credit customers’ monthly billing statements. There are 31,600 names on Aldens’ Oklahoma catalog circulation list. In addition, Aldens will mail catalogs and flyers to some 220,000 Oklahoma residents in the year 1975. These additional mailings will be to names taken from rented mailing lists. There may be some duplication in names between Aldens’ regular catalog list and the rented mailing lists. Aldens has no agent in Oklahoma, it has no physical presence in Oklahoma, and it maintains no telephone listing in Oklahoma. Al-dens’ only advertising in Oklahoma is by mail. Aldens is not required to collect and remit the Oklahoma Use Tax. Aldens is not required to qualify or register to do business in Oklahoma.

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Related

Mohegan Tribe v. State of Conn.
528 F. Supp. 1359 (D. Connecticut, 1982)

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Bluebook (online)
454 F. Supp. 465, 1976 U.S. Dist. LEXIS 14652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldens-inc-v-ryan-okwd-1976.