Gillie v. Law Office of Eric A. Jones, LLC

37 F. Supp. 3d 928, 2014 WL 3928560, 2014 U.S. Dist. LEXIS 111337
CourtDistrict Court, S.D. Ohio
DecidedAugust 12, 2014
DocketCase No. 2:13-cv-212
StatusPublished
Cited by3 cases

This text of 37 F. Supp. 3d 928 (Gillie v. Law Office of Eric A. Jones, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gillie v. Law Office of Eric A. Jones, LLC, 37 F. Supp. 3d 928, 2014 WL 3928560, 2014 U.S. Dist. LEXIS 111337 (S.D. Ohio 2014).

Opinion

OPINION AND ORDER

JAMES L. GRAHAM, District Judge.

This matter is before the Court on the parties’ Cross-Motions for Summary Judgment (docs. 47-51, 70). The Plaintiffs commenced the instant action against certain attorneys and their law offices that the Ohio Attorney General (OAG) has appointed to act as special counsel to collect debts owed to the State of Ohio. The Plaintiffs are Ohio residents who received at least one debt-collection letter written on the OAG’s official letterheád from the Defendants. The Plaintiffs allege that the Defendants’ use of the OAG’s letterhead in their collections communications violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seg., and seek to represent a class of similarly situated consumers. For the following reasons, the Court: GRANTS the Defendants’ Motions for Summary Judgment (docs. 47 & 51); DENIES the Plaintiffs’ Motions for Summary Judgment (docs. 48-50); DENIES the OAG’s Motion for Judgment on the Pleadings (doc. 46) and Motion for Summary Judgment (doc. 70); and DENIES AS MOOT the Plaintiffs Motion to Dismiss for Failure to State a Claim' (doc. 41).

I. Background

The Attorney General is Ohio’s chief law enforcement officer. O.R.C. § 109.02. Pursuant to Ohio law, the OAG is charged with collecting debts owed to state entities. O.R.C. § 131.02. To assist him with his collection efforts, the OAG “may appoint special counsel to represent the state in connection with all claims of whatsoever nature which are certified to the attorney general for collection under any law or which the attorney general is authorized to collect.” O.R.C. § 109.08. Once appointed, special counsel execute standardized contracts with the OAG. OAG Counterclaim at ¶ 11, doc. 5. These contracts require, inter alia, special counsel to use official OAG letterhead for all collection activities. Id. at ¶¶ 8, 22.

In 2012, the OAG appointed Defendants Eric Jones and Mark Sheriff as special counsel to assist in the collection of debts pursuant to O.R.C. § 109.08. Defendant Jones operated the Law Office of Eric A. Jones, L.L.C. Defendant Mark Sheriff worked as a partner at Wiles, Boyle, Burk-holder & Bringardner (the Wiles Law Firm). Defendant Sarah Sheriff worked in the collections department of the Wiles Law Firm. Ms. Sheriff was not appointed special counsel but assisted Mr. Sheriff in his collection efforts on behalf of the OAG.

In the spring of 2012, Plaintiff Pamela Gillie received a letter from Defendant Eric Jones of The Law Office of Eric A. Jones, LLC. Def. Jones’s Letter, doc. 48-2. The OAG’s letterhead appeared at the top of the letter. Id. It included the official state seal, ‘ the Attorney General’s name, and the Attorney General’s title. Id. The letter stated, “Dear Sir/Madam, You have chosen to ignore repeated attempts to resolving [sic] the referenced ... medical claim. If you cannot make immediate full payment call Denise Hall at Eric. A Jones, L.L.C., ... at my office to make arrangements to páy this debt.” Id. The letter further explained that it was a communication from a debt collector and that the letter was an attempt to collect a debt. Id. In the signature block, Defendant Jones signed his name, noted that he was “Outside Counsel for the Attorney General’s Office,” and provided contact information at which he could be reached. Id. The letter further instructed Gillie to send payment to the Law Office of Erie A. Jones, L.L.C., and provided means of paying the [932]*932debt discussed in the body of the letter. Id.

Later that summer, Plaintiff Hazel Meadows received a letter from Defendant Sarah Sheriff of the Wiles Law Firm. Def. Sheriffs Letter, doc. 48-4. The OAG’s letterhead appeared at the top of the letter. Id. It included the official state seal next to the heading “Office of the Ohio Attorney General, Collections Enforcement Section.” Id. The letter stated, “Sir/Madam: Per your request, this is a letter with the current balance owed for your University of Akron loan that has been placed with the Ohio Attorney General. Feel free to contact me ... should you have any further questions.” Id. Defendant Sarah Sheriff signed the letter, included the name and address of her law firm, and noted that she, was “Special Counsel to the Attorney General for the State of Ohio.” Id.

On March 5, 2013, the Plaintiffs filed a five-count Complaint (doc. 1) against the Defendants, alleging multiple violations of the FDCPA, 15 U.S.C. § 1692 et seq. The Plaintiffs assert that the Defendants’ use of the OAG’s letterhead was false, deceptive, or misleading. Specifically, the Plaintiffs allege that the Defendants:

(1) falsely represented or implied that they are vouched for, bonded by, or affiliated with the State of Ohio in violation of 15 U.S.C. § 1692e(l);
(2) used written communications which falsely represented to be a document authorized, issued or approved by the State of Ohio, or created a false impression that the OAG was the source of the letters, authorized the letters, or approved the letters in violation of 15 U.S.C. § 1692e(9);
(3) used false representation or deceptive means to collect or attempt to collect debts from the Plaintiffs in violation of 15 U.S.C. § 1692e(10); and
(4) used OAG letterhead in violation of 15 U.S.C. § 1692e(14)’s requirement that debt collectors use the “true name” of their business or company.1

Compl. at 15-19, doc. 1.

Shortly after the filing of the Complaint in this case, the Ohio Attorney General filed a Motion to Intervene as Defendant and Counterclaimant (doc. 3). In his counterclaim, the OAG requests a declaratory judgment stating that special counsel’s use of OAG letterhead is not a violation of the FDCPA and that the OAG and State of Ohio are immune from liability under the FDCPA. OAG’s Answer at 22, doc. 5. The Court subsequently granted the OAG’s Motion to Intervene.

After granting the OAG’s Motion, the Court stayed discovery and requested additional briefing on the issue of bifurcating this case. In late 2013, the Court issued a written Opinion and Order (doc. 42) bifurcating the issues of liability and damages and directing the parties to file dispositive motions within 60 days of the Court’s Order. The Plaintiffs filed a Motion to Dismiss the OAG’s Declaratory Judgment Claims (doc. 41).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sheriff v. Gillie
578 U.S. 317 (Supreme Court, 2016)
Dino Rikos v. The Procter & Gamble Co.
799 F.3d 497 (Sixth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
37 F. Supp. 3d 928, 2014 WL 3928560, 2014 U.S. Dist. LEXIS 111337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillie-v-law-office-of-eric-a-jones-llc-ohsd-2014.