Smith v. Fidelity Consumer Discount Co.

898 F.2d 907, 1990 WL 26874
CourtCourt of Appeals for the Third Circuit
DecidedJune 27, 1989
DocketNo. 88-1444
StatusPublished
Cited by47 cases

This text of 898 F.2d 907 (Smith v. Fidelity Consumer Discount Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Fidelity Consumer Discount Co., 898 F.2d 907, 1990 WL 26874 (3d Cir. 1989).

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal requires us to answer a discrete, but important, legal question: Does § 501(a) of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”), 94 Stat. 165, codified as amended, 12 U.S.C. § 1735f-7a(a)(l),1 preempt a state usury law’s application to loans secured by first liens on residential property that were obtained by borrowers to finance the purchase of used cars? We hold, as did the district court, 686 F.Supp. 504, that it does. As this conclusion is dispositive of plaintiffs’ claims under the Pennsylvania Usury Law, 41 P.S. §§ 502-504, as well as their claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq., and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 [909]*909P.S. § 201-1 et seq., we affirm the final judgment entered below granting the defendants’ motion for summary judgment on these claims.

I.

Plaintiffs Annabelle Smith, Charles Cop-lin and Margaret Coplin have filed this appeal from a final judgment entered against them.2 The district court had jurisdiction pursuant to 28 U.S.C. § 1331 as well as the doctrine of pendent jurisdiction. We have jurisdiction under 28 U.S.C. § 1291.

The plaintiffs’ appeal is actually a cross-appeal to an appeal by the defendants in this same litigation; the appeal of the defendants has been disposed of by an opinion of even date that thoroughly discusses the relevant facts. See Smith v. Fidelity Consumer Discount Company, 898 F.2d 896 (3d Cir.1990). Hence, our factual recitation will be brief.

The plaintiffs’ claims arose from loans extended to them, or their relations, by defendant Fidelity Consumer Discount Corporation (“Fidelity”), a wholly-owned subsidiary of Equitable Credit and Discount Company (“Equitable”).3 In each of the loan transactions, Fidelity gave credit to a borrower to buy a used car and received as security a first lien on the borrower’s (or a cosigner’s) home. Plaintiffs’ claims under the Truth-in-Lending Act, 15 U.S.C.A. § 1601 et seq. in connection with these loans are addressed in our companion opinion. Here, we address plaintiffs’ allegations that the loans violated the Pennsylvania Usury Laws.4

The sole issue presented by this claim is whether the district court correctly held that § 501(a) of DIDMCA preempts Pennsylvania’s usury laws with respect to these transactions. It is undisputed that, absent preemption, Fidelity will have violated these statutes, the most generous of which allows lenders to charge up to 24% interest per annum. Consumer Discount Company Act, 7 P.S. § 6201 et seq. In this case, Fidelity wrote loans with disclosed annual interest rates ranging from approximately 31% to 41%. Moreover, Fidelity required, as a condition of extending credit, that the borrowing parties satisfy all existing liens on their homes, accomplished in one case by lending the borrower additional money at interest rates higher than the outstanding loans, to enable Fidelity to obtain a first lien on the borrower’s or cosigner’s home.

II.

This is the kind of case in which we need to remain mindful of Lord Campbell’s admonition that “it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law.” East India Company v. Paul, 7 Moo. P.C.C. (1849). However we may feel about the defendants’ interest rates and business practices, it is our duty to give effect to that construction of § 501(a)(1) of DIDMCA that is most consonant with its text, its legislative history and the interpretations of the agency entrusted to administer DIDMCA.

In exercising our plenary review over the district court’s interpretation of the statute, Grocery Town Market, Inc. v. United States, 848 F.2d 392, 394 (3d Cir.1988), we are guided by well-settled principles of statutory construction. “We begin with the familiar canon of statutory construction that the starting point for interpreting a statute is the language of the statute itself. Absent a clearly expressed legislative intention to the contrary, that [910]*910language must ordinarily be regarded as conclusive.” Consumer Product Safety Commission v. GTE Sylvania, Inc., 447 U.S. 102, 108, 100 S.Ct. 2051, 2056, 64 L.Ed.2d 766 (1980). While the Supreme Court has sometimes said that statutory interpretation should halt at such time as the court determines the text at issue to be plain and unambiguous, see e.g. Rubin v. United States, 449 U.S. 424, 430, 101 S.Ct. 698, 701, 66 L.Ed.2d 633 (1981), it has also indicated that the plain meaning rule is “an axiom of experience” and does not preclude consideration of persuasive legislative history if it exists; the “circumstances of particular legislation may persuade a court that Congress did not intend words of common meaning to have their literal effect.” Watt v. Alaska, 451 U.S. 259, 266, 101 S.Ct. 1673, 1678, 68 L.Ed.2d 80 (1981) (citations omitted). As we look to the legislative history, however, we must remember that “ ‘[t]here is, of course, no more persuasive evidence of the purpose of a statute than the words by which the legislature undertook to give expression to its wishes.’ ” Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 570, 102 S.Ct. 3245, 3250, 73 L.Ed.2d 973 (1982) (quoting, United States v. American Trucking Ass’n, Inc., 310 U.S. 534, 543, 60 S.Ct. 1059, 1063, 84 L.Ed. 1345 (1940)). In sum, if the statutory language is clear and plain, a court must give it effect unless the legislative history is such that a literal reading “will produce a result demonstrably at odds with the intention of [the] drafters,” Id. 458 U.S. at 571, 102 S.Ct. at 3251, or in other words, “would thwart the obvious purposes of the ... [statute].” Mansell v. Mansell, — U.S. -, 109 S.Ct. 2023, 2030, 104 L.Ed.2d 675 (1989); see also United States v. Ron Pair Enterprises, Inc., — U.S. -, 109 S.Ct. 1026, 1031, 103 L.Ed.2d 290 (1989); American Tobacco Co. v. Patterson, 456 U.S. 63, 68, 102 S.Ct. 1534, 1537, 71 L.Ed.2d 748 (1982); United States v. Turkette, 452 U.S. 576, 593, 101 S.Ct. 2524, 2533, 69 L.Ed.2d 246 (1981); Ford Motor Credit Co. v. Cenance,

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Bluebook (online)
898 F.2d 907, 1990 WL 26874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-fidelity-consumer-discount-co-ca3-1989.