Arthur Quiller, Lillie Mae Quiller, and All Other Persons Similarly Situated v. Barclays American/credit, Inc.

727 F.2d 1067, 1984 U.S. App. LEXIS 22285
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 22, 1984
Docket83-8455
StatusPublished
Cited by149 cases

This text of 727 F.2d 1067 (Arthur Quiller, Lillie Mae Quiller, and All Other Persons Similarly Situated v. Barclays American/credit, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur Quiller, Lillie Mae Quiller, and All Other Persons Similarly Situated v. Barclays American/credit, Inc., 727 F.2d 1067, 1984 U.S. App. LEXIS 22285 (11th Cir. 1984).

Opinions

KRAVITCH, Circuit Judge:

To finance their purchase of a new mobile home, plaintiff-appellants entered into a retail installment sales contract, which the mobile home dealer then assigned to the defendant-appellee credit corporation, Bar-clays American/Credit, Inc. The Quillers’ agreement obligated them to pay finance charges exceeding a thirteen percent add-on rate, in apparent violation of the Georgia Motor Vehicle Sales Finance Act, O.C.G.A. §§ 10-1-30 to -38 (Miehie 1982), which limits the finance charge on sales of new mobile homes to a ten percent add-on. Alleging a violation of the Georgia Code, plaintiffs filed a class action against Bar-clays in the Superior Court of Richmond County, Georgia, seeking class certification, a declaratory judgment barring the defendant from collecting any finance charges from the named plaintiffs and all other persons similarly situated, and damages in an amount double the time-price difieren-[1069]*1069tial for wilful violation of the Georgia act. Barclays then removed the case to the United States District Court for the Southern District of Georgia.

The applicability of state usury laws, however, has been greatly curtailed by federal legislation. Financing agreements that satisfy the requirements of the Depository Institutions Deregulation and Monetary Control Act, Pub.L. No. 96-221, Title V, § 501, 94 Stat. 161 (1980) (codified at 12 U.S.C. § 1735f-7 note) (the “Act”), are exempt from state law interest ceilings. The Quillers’ complaint alleged that their contract was not insulated from the ceiling imposed by the Georgia statute because the agreement did not comply with the prerequisites for preemption under federal law. Specifically, they charged that their contract did not contain a provision requiring the lender to notify the debtor thirty days prior to instituting any action leading to repossession or foreclosure, thus violating the Act and one of the regulations promulgated thereunder, 12 C.F.R. § 590.4(h) (1983). Attached to the complaint was a copy of the installment sales contract.

Barclays moved to dismiss for failure to state a claim, contending that the cause of action was barred as a matter of law by the Act and the statute of limitations. Preter-mitting the statute of limitations question, the district court dismissed the action as precluded by the federal statute. We disagree and reverse the order dismissing the Quillers’ claim.

Our threshold inquiry is whether the district court’s dismissal was procedurally premature. The Quillers’ contract states a claim for relief under Georgia law — the charging of a usurious interest rate, which, if proved, would entitle them to relief for violation of the Georgia Motor Vehicle Sales Finance Act. Barclays’ Rule 12(b)(6) motion alleges the affirmative defense of federal preemption of the Georgia statute. Generally, the existence of an affirmative defense will not support a motion to dismiss. Nevertheless, a complaint may be dismissed under Rule 12(b)(6) when its own allegations indicate the existence of an affirmative defense, so long as the defense clearly appears on the face of the complaint. See, e.g., Concordia v. Bendekovic, 693 F.2d 1073 (11th Cir.1982) (party may raise affirmative defense of res judicata by 12(b)(6) motion when defense’s existence may be judged on face of complaint); Mann v. Adams Realty Co., 556 F.2d 288, 293 n. 6 (5th Cir.1977) (defense of statute of limitations may appear on face of complaint); see generally 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357 (1969). The claim may be adequately stated, as it is here, but in addition to the claim the complaint may include matters of avoidance that preclude the pleader’s ability to recover. When this occurs, the complaint has a built-in defense and is essentially self-defeating. “[T]he problem is not that plaintiff merely has anticipated and tried to negate a defense he believes his opponent will attempt to use against him; rather plaintiff’s own allegations show that the defense exists.” Id. Although the Quillers’ complaint would not be vulnerable to dismissal simply because they anticipated and attempted to negate the defense of federal preemption, if the complaint itself demonstrates that the Act governs the contract, a Rule 12(b)(6) dismissal would be proper.

Because the Quillers attached the installment sales contract to their pleadings, the district court properly examined the document to determine whether the defense of federal preemption was apparent on the face of the complaint. If the contract and complaint demonstrate that Georgia law does not apply because the agreement is governed by the Act, the action should be dismissed because it would appear beyond doubt that the Quillers could prove no set of facts in support of their claim. The district court therefore was procedurally correct in looking at the contract to determine whether it complied with the requirements of the federal statute.

Turning to the substance of the motion to dismiss, we first observe that the Act preempts state law limits on finance [1070]*1070charges for sales of residential manufactured homes only if the financing arrangement complies with certain consumer protection regulations. Section 501(c) of the Act provides that the statute

shall not apply to a loan, mortgage, credit sale, or advance which is secured by a first lien on a residential manufactured home unless the terms and conditions relating to such loan, mortgage, credit sale, or advance comply with consumer protection provisions specified in regulations prescribed by the Federal Home Loan Bank Board. Such regulations shall—
(2) require a 30-day notice prior to instituting any action leading to repossession or foreclosure ....
and (4) include such other provisions as the Federal Home Loan Bank Board may prescribe after a finding that additional protections are required.

Pub.L. No. 96-221, Title V, § 501(c) (emphasis added).

The regulation implementing subsection (c)(2) states:

[N]o action to repossess or foreclose, or to accelerate payment of the entire outstanding balance of the obligation, may be taken against the debtor until 30 days after the creditor sends the debtor a notice of default ....

12 C.F.R. § 590.4(h) (1983) (emphasis added). The Quillers alleged in their complaint and maintain on appeal that the statute and regulation require the financing agreement to include a provision guaranteeing the debtor thirty days notice before repossession or foreclosure. Since their agreement contains no such clause, they contend that the contract is not protected under the preemption statute and thus is governed by Georgia law.1

We reject the Quillers’ interpretation of the statute and regulation.

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727 F.2d 1067, 1984 U.S. App. LEXIS 22285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-quiller-lillie-mae-quiller-and-all-other-persons-similarly-ca11-1984.