3rd Circuit: ECOA does not preempt NJ’s common-law doctrine of necessaries in FDCPA case
On March 16, the U.S. Court of Appeals for the Third Circuit held that because ECOA does not preempt New Jersey’s common-law doctrine of necessaries (where a spouse is jointly liable for necessary expenses incurred by the other spouse) a defendant debt collector was permitted to send medical debt collection letters to a deceased individual’s spouse without violating the FDCPA. The defendant was retained to collect the deceased spouse’s medical debt and sent collection letters to the plaintiff who maintained she was not responsible for the debt and subsequently filed suit alleging violations of the FDCPA. The defendant moved for dismissal, arguing that the plaintiff owed the debt under New Jersey’s doctrine of necessaries because her deceased spouse incurred the debt for medical treatment. The district court agreed and dismissed the case. The plaintiff appealed, arguing, among other things, that the doctrine of necessaries conflicts with the spousal-signature prohibition found in the ECOA.
In affirming the district court’s dismissal, the 3rd Circuit concluded that “ECOA does not preempt the doctrine of necessaries because the debt is ‘incidental credit’ exempt from the prohibition.” According to the 3rd Circuit, the Federal Reserve Board determined that incidental credit is exempt from the § 202.7(d) spousal-signature prohibition because it “refers to extensions of consumer credit. . .(i) [t]hat are not made pursuant to the terms of a credit card account; (ii) [t]hat are not subject to a finance charge. . .and (iii) [t]hat are not payable by agreement in more than four installments.” The 3rd Circuit determined that because the medical debt in question satisfied all three criteria, the spousal-signature prohibition did not apply, and therefore ECOA and its regulations did not conflict with the doctrine of necessaries. Further, the 3rd Circuit held that ECOA focuses “on ensuring the availability of credit rather than the allocation of liability between spouses.”