Sprint Communications Co. v. APCC Services, Inc.
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Full Opinion
delivered the opinion of the Court.
The question before us is whether an assignee of a legal claim for money owed has standing to pursue that claim in federal court, even when the assignee has promised to remit the proceeds of the litigation to the assignor. Because history and precedent make clear that such an assignee has long been permitted to bring suit, we conclude that the assignee does have standing.
I
When a payphone customer makes a long-distance call with an access code or 1-800 number issued by a long-distance communications carrier, the customer pays the carrier (which completes that call), but not the payphone operator (which connects that call to the carrier in the first place). In these circumstances, the long-distance carrier is required to compensate the payphone operator for the customerâs call. See 47 U. S. C. § 226; 47 CFR § 64.1300 (2007). The payphone operator can sue the long-distance carrier in court for any compensation that the carrier fails to pay for these âdial-aroundâ calls. And many have done so. See Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U. S. 45 (2007) (finding that the Communications Act of 1934 authorizes such suits).
Because litigation is expensive, because the evidentiary demands of a single suit are often great, and because the resulting monetary recovery is often small, many payphone operators assign their dial-around claims to billing and collection firms called âaggregatorsâ so that, in effect, these
The present litigation involves a group of aggregators who have taken claim assignments from approximately 1,400 payphone operators. Each payphone operator signed an Assignment and Power of Attorney Agreement (Agreement) in which the payphone operator âassigns, transfers and sets over to [the aggregator] for purposes of collection all rights, title and interest of the [payphone operator] in the [payphone operatorâs] claims, demands or causes of action for âDial-Around Compensationâ . . . due the [payphone operator] for periods since October 1, 1997.â App. to Pet. for Cert. 114. The Agreement also âappointsâ the aggregator as the payphone operatorâs âtrue and lawful attorney-in-fact.â Ibid. The Agreement provides that the aggregator will litigate âin the [payphone operatorâs] interest.â Id., at 115. And the Agreement further stipulates that the assignment of the claims âmay not be revoked without the written consent of the [aggregator].â Ibid. The aggregator and payphone operator then separately agreed that the aggregator would remit all proceeds to the payphone operator and that the payphone operator would pay the aggregator for its services (typically via a quarterly charge).
After signing the agreements, the aggregators (respondents here) filed lawsuits in federal court seeking dial-around compensation from Sprint, AT&T, and other long-distance carriers (petitioners here). AT&T moved to dismiss the claims, arguing that the aggregators lack standing to sue under Article III of the Constitution. The District Court initially agreed to dismiss, APCC Servs., Inc. v. AT&T Corp.,
II
We begin with the most basic doctrinal principles: Article III, §2, of the Constitution restricts the federal âjudicial Powerâ to the resolution of âCasesâ and âControversies.â That case-or-controversy requirement is satisfied only where a plaintiff has standing. See, e. g., Daimler Chrysler Corp. v. Cuno, 547 U. S. 332 (2006). And in order to have Article III standing, a plaintiff must adequately establish: (1) an injury in fact (i. e., a âconcrete and particularizedâ invasion of a âlegally protected interestâ); (2) causation (i e., a â âfairly ... trace[able]ââ connection between the alleged injury in fact and the alleged conduct of the defendant); and (3) redress-ability (i. e., it is â âlikelyâ â and not âmerely âspeculativeâ â that the plaintiffâs injury will be remedied by the relief plain
In some sense, the aggregators clearly meet these requirements. They base their suit upon a concrete and particularized âinjury in fact,â namely, the carriersâ failure to pay dial-around compensation. The carriers âcausedâ that injury. And the litigation will âredressâ that injury â if the suits are successful, the long-distance carriers will pay what they owe. The long-distance carriers argue, however, that the aggregators lack standing because it was the payphone operators (who are not plaintiffs), not the aggregators (who are plaintiffs), who were âinjured in factâ and that it is the payphone operators, not the aggregators, whose injuries a legal victory will truly âredressâ: The aggregators, after all, will remit all litigation proceeds to the payphone operators. Brief for Petitioners 18. Thus, the question before us is whether, under these circumstances, an assignee has standing to pursue the assignorâs claims for money owed.
We have often said that history and tradition offer a meaningful guide to the types of cases that Article III empowers federal courts to consider. See, e. g., Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 102 (1998) (âWe have always taken [the case-or-controversy requirement] to mean cases and controversies of the sort traditionally amenable to, and resolved by, the judicial processâ (emphasis added)); GTE Sylvania, Inc. v. Consumers Union of United States, Inc., 445 U. S. 375, 382 (1980) (âThe purpose of the case-or-controversy requirement is to limit the business of federal courts to questions presented in an adversary context and in a form historically viewed as capable of resolution through the judicial processâ (emphasis added; internal quotation marks omitted)); cf. Coleman v. Miller, 307 U. S. 433, 460 (1939) (opinion of Frankfurter, J.) (in crafting Article III, âthe framers . . . gave merely the outlines of what were to
A
We must begin with a minor concession. Prior to the 17th century, English law would not have authorized a suit like this one. But that is because, with only limited exceptions, English courts refused to recognize assignments at all. See, e. g., Lampetâs Case, 10 Co. Rep. 46b, 48a, 77 Eng. Rep. 994, 997 (K. B. 1612) (stating that âno possibility, right, title, nor thing in action, shall be granted or assigned to strangersâ (footnote omitted)); Penson & Higbedâs Case, 4 Leo. 99, 74 Eng. Rep. 756 (K. B. 1590) (refusing to recognize the right of an assignee of a right in contract); see also 9 J. Murray, Corbin on Contracts § 47.3, p. 134 (rev. ed. 2007) (noting that the King was excepted from the basic rule and could, as a result, always receive assignments).
Courts then strictly adhered to the rule that a âchose in actionââan interest in property not immediately reducible to possession (which, over time, came to include a financial interest such as a debt, a legal claim for money, or a contractual right)âsimply âcould not be transferred to another person by the strict rules of the ancient common law.â See 2 W. Blackstone, Commentaries *442. To permit transfer, the courts feared, would lead to the âmultiplying of contentions and suits,â Lampetâs Case, supra, at 48a, 77 Eng. Rep., at 997, and would also promote âmaintenance,â i. e., officious in
As the 17th century began, however, strict anti-assignment rules seemed inconsistent with growing commercial needs. And as English commerce and trade expanded, courts began to liberalize the rules that prevented assignments of choses in action. See 9 Corbin, supra, § 47.3, at 134 (suggesting that the âpragmatic necessities of tradeâ induced âevolution of the common lawâ); Holdsworth, supra, at 1021-1022 (the âcommon lawâ was âinducedâ to change because of âconsiderations of mercantile convenience or necessityâ); J. Ames, Lectures on Legal History 214 (1913) (noting that the âobjection of maintenanceâ yielded to âthe modern commercial spiritâ). By the beginning of the 18th century, courts routinely recognized assignments of equitable (but not legal) interests in a chose in action: Courts of equity permitted suits by an assignee who had equitable (but not legal) title. And courts of law effectively allowed suits either by the assignee (who had equitable, but not legal title) or the assignor (who had legal, but not equitable title).
To be more specific, courts of equity would simply permit an assignee with a beneficial interest in a chose in action to sue in his own name. They might, however, require the assignee to bring in the assignor as a party to the action so as to bind him to whatever judgment was reached. See, e. g., Warmstrey v. Tanfield, 1 Ch. Rep. 29, 21 Eng. Rep. 498 (1628-1629); Fashion v. Atwood, 2 Ch. Cas. 36, 22 Eng. Rep. 835 (1688); Peters v. Soame, 2 Vern. 428, 428-429, 23 Eng. Rep. 874 (Ch. 1701); Squib v. Wyn, 1 P. Wms. 378, 381, 24 Eng. Rep. 432, 433 (Ch. 1717); Lord Carteret v. Paschal, 3 P. Wms. 197, 199, 24 Eng. Rep. 1028, 1029 (Ch. 1733); Row v. Dawson, 1 Ves. sen. 331, 332-333, 27 Eng. Rep. 1064, 1064-1065 (Ch. 1749). See also M. Smith, Law of Assignment: The Creation and Transfer of Choses in Action 131 (2007) (by the beginning of the 18th century, âit became settled that
Courts of law, meanwhile, would permit the assignee with an equitable interest to bring suit, but nonetheless required the assignee to obtain a âpower of attorneyâ from the holder of the legal title, namely, the assignor, and further required the assignee to bring suit in the name of that assignor. See, e. g., Cook, Alienability of Choses in Action, 29 Harv. L. Rev. 816, 822 (1916) (â[C]ommon law lawyers were able, through the device of the âpower of attorneyâ ... to enable the assignee to obtain relief in common law proceedings by suing in the name of the assignorâ); 29 R. Lord, Williston on Contracts § 74:2, pp. 214-215 (4th ed. 2003). Compare, e. g., Barrow v. Gray, Cro. Eliz. 551, 78 Eng. Rep. 797 (K. B. 1653), and South & Marshâs Case, 3 Leo. 234, 74 Eng. Rep. 654 (Exch. 1686) (limiting the use of a power of attorney to cases in which the assignor owed the assignee a debt), with Holdsworth, supra, at 1021 (noting that English courts abandoned that limitation by the end of the 18th century). At the same time, courts of law would permit an assignor to sue even when he had transferred away his beneficial interest. And they permitted the assignor to sue in such circumstances precisely because the assignor retained legal title. See, e. g., Winch v. Keeley, 1 T. R. 619, 99 Eng. Rep. 1284 (K. B. 1787) (allowing the bankrupt assignor of a chose in action to sue a debtor for the benefit of the assignee because the assignor possessed legal, though not equitable, title).
The upshot is that by the time Blackstone published volume II of his Commentaries in 1766, he could dismiss the âancient common lawâ prohibition on assigning choses in action as a ânicety ... now disregarded.â 2 Blackstone, supra, at *442.
B
Legal practice in the United States largely mirrored that in England. In the latter half of the 18th century and
Thus, in 1816, Justice Story, writing for a unanimous Court, summarized the practice in American courts as follows: âCourts of law, following in this respect the rules of equity, now take notice of assignments of choses in action, and exert themselves to afford them every support and protection.â Welch v. Mandeville, 1 Wheat. 233, 236. He added that courts of equity have âdisregarded the rigid strictness of the common law, and protected the rights of the assignee of choses in action,â and noted that courts of common law ânow consider an assignment of a chose in action as substantially valid, only preserving, in certain cases, the form of an action commenced in the name of the assignor.â Id., at 237, n.
It bears noting, however, that at the time of the founding (and in some States well before then) the law did permit the assignment of legal title to at least some choses in action.
C
By the 19th century, courts began to consider the specific question presented here: whether an assignee of a legal claim for money could sue when that assignee had promised to give all litigation proceeds back to the assignor. During that century American law at the state level became less formalistic through the merger of law and equity, through statutes more generously permitting an assignor to pass legal title to an assignee, and through the adoption of rules that permitted any âreal party in interestâ to bring suit. See 6A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 1541, pp. 320-321 (2d ed. 1990) (hereinafter Wright & Miller); see also 9 Corbin, supra, § 47.3, at 137. The courts recognized that pre-existing law permitted an assignor to bring suit on a claim even though the assignor retained nothing more than naked legal title. Since the law
Thus, during the 19th century, most state courts entertained suits virtually identical to the litigation before us: suits by individuals who were assignees for collection only, i. e., assignees who brought suit to collect money owed to their assignors but who promised to turn over to those assignors the proceeds secured through litigation. See, e. g., Webb & Hepp v. Morgan, McClung & Co., 14 Mo. 428, 431 (1851) (holding that the assignees of a promissory note for collection only can bring suit, even though they lack a beneficial interest in the note, because the assignment âcreates in them such legal interest, that they thereby become the persons to sueâ); Meeker v. Claghorn, 44 N. Y. 349, 350, 353 (1871) (allowing suit by the assignee of a cause of action even though the assignors ââexpected to receive the amount recovered in the action,ââ because the assignee, as âlegal holder of the claim,â was âthe real party in interestâ); Searing v. Berry, 58 Iowa 20, 23, 24, 11 N. W. 708, 709 (1882) (where legal title to a judgment was assigned âmerely for the purpose of enabling plaintiff to enforce its collectionâ and the assignor in fact retained the beneficial interest, the plaintiff-assignee could âprosecute this suit to enforce the collection of the judgmentâ); Grant v. Heverin, 77 Cal. 263, 265, 19 P. 493 (1888) (holding that the assignee of a bond could bring suit, even though he lacked a beneficial interest in the bond, and adopting the rule that an assignee with legal title to an assigned claim can bring suit even where the assignee must âaccount to the assignorâ for âa part of the pro
Of course, the dissent rightly notes, some States during this period of time refused to recognize assignee-forcollection suits, or otherwise equivocated on the matter. See post, at 309 (opinion of Roberts, C. J.). But so many States allowed these suits that by 1876, the distinguished procedure and equity scholar John Norton Pomeroy declared it âsettled by a great preponderance of authority, although there is some conflictâ that an assignee is âentitled to sue in his own nameâ whenever the assignment vests âlegal titleâ in the assignee, and notwithstanding âany contemporaneous, collateral agreement by virtue of which he is to receive a part only of the proceeds ... or even is to thus account [to the assignor] for the whole proceeds.â Remedies and Remedial Rights § 132, p. 159 (internal quotation marks omitted; emphasis added). Other contemporary scholars reached the
During this period, a number of federal courts similarly indicated approval of suits by assignees for collection only. See, e. g., Bradford v. Jenks, 3 F. Cas. 1132, 1134 (No. 1,769) (CC Ill. 1840) (stating that the plaintiff, the receiver of a bank, could bring suit in federal court to collect on a note owed to that bank if he sued as the bankâs assignee, not its receiver, but ultimately holding that the plaintiff could not sue as an assignee because there was no diversity jurisdiction); Orr v. Lacy, 18 F. Cas. 834 (No. 10,589) (CC Mich. 1847) (affirming judgment for the plaintiff, the endorsee of a bill of exchange, on the ground that, as endorsee, he had the âlegal rightâ to bring suit notwithstanding the fact that the pro
Even this Court long ago indicated that assignees for collection only can properly bring suit. For example, in Waite v. Santa Cruz, 184 U. S. 302 (1902), the plaintiff sued to collect on a number of municipal bonds and coupons whose âlegal titleâ had been vested in him but which were transferred to him âfor collection only.â Id., at 324. The Court, in a unanimous decision, ultimately held that the federal courts could not hear his suit because the amount-in-controversy requirement of diversity jurisdiction would not have been satisfied if the bondholders and coupon holders had sued individually. See id., at 328-329. However, before reaching this holding, the Court expressly stated that the suit could properly be brought in federal court âif the only objection to the jurisdiction of the Circuit Court is that the plaintiff was invested with the legal title to the bonds and coupons simply for purposes of collection.â Id., at 325.
Next, in Spiller v. Atchison, T. & S. F. R. Co., 253 U. S. 117 (1920), a large number of cattle shippers assigned to Spiller (the secretary of a Cattle Raiserâs Association) their individual reparation claims against railroads they said had charged them excessive rates. The Federal Court of Appeals held that Spiller could not bring suit because, in effect, he was an assignee for collection only and would be passing back to the cattle shippers any money he recovered from the litigation. In a unanimous decision, this Court reversed. The Court wrote that the cattle shippersâ âassignments were
Similarly, in Titus v. Wallick, 306 U. S. 282 (1939), this Court unanimously held that (under New York law) a plaintiff, an assignee for collection, had âdominion over the claim for purposes of suitâ because the assignment purported to â âsell, assign, transfer and set overâ the chose in actionâ to the assignee. Id., at 289. More importantly for present purposes, the Court said that the assignmentâs âlegal effect was not curtailed by the recital that the assignment was for purposes of suit and that its proceeds were to be turned over or accounted for to another.â Ibid.
To be clear, we do not suggest that the Courtâs decisions in Waite, Spiller, and Titus conclusively resolve the standing question before us. We cite them because they offer additional and powerful support for the proposition that suits by assignees for collection have long been seen as âamenableâ to resolution by the judicial process. Steel Co., 523 U. S., at 102.
Finally, we note that there is also considerable, more recent authority showing that an assignee for collection may properly sue on the assigned claim in federal court. See, e. g., 6A Wright & Miller § 1545, at 346-348 (noting that an assignee with legal title is considered to be a real party in interest and that as a result âfederal courts have held that an assignee for purposes of collection who holds legal title to the debt according to the governing substantive law is the
D
The history and precedents that we have summarized make clear that courts have long found ways to allow assignees to bring suit; that where assignment is at issue, courtsâ both before and after the foundingâ have always permitted the party with legal title alone to bring suit; and that there is a strong tradition specifically of suits by assignees for collection. We find this history and precedent âwell nigh conclusiveâ in respect to the issue before us: Lawsuits by assignees, including assignees for collection only, are âcases and controversies of the sort traditionally amenable to, and resolved by, the judicial process.â Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U. S. 765, 777-778 (2000) (internal quotation marks omitted).
Ill
Petitioners have not offered any convincing reason why we should depart from the historical tradition of suits by assignees, including assignees for collection. In any event, we find that the assignees before us satisfy the Article III
Petitioners argue, for example, that the aggregators have not themselves suffered any injury in fact and that the assignments for collection âdo not suffice to transfer the payphone operatorsâ injuries.â Brief for Petitioners 18. It is, of course, true that the aggregators did not originally suffer any injury caused by the long-distance carriers; the payphone operators did. But the payphone operators assigned their claims to the aggregators lock, stock, and barrel. See APCC Servs., 418 F. 3d, at 1243 (there is âno reason to believe the assignment is anything less than a complete transfer to the aggregatorâ of the injury and resulting claim); see also App. to Pet. for Cert. 114 (Agreement provides that each payphone operator âassigns, transfers and sets overâ to the aggregator âall rights, title and interestâ in dial-around compensation claims). And within the past decade we have expressly held that an assignee can sue based on his assign- orâs injuries. In Vermont Agency, supra, we considered whether a qui tarn relator possesses Article III standing to bring suit under the False Claims Act, which authorizes a private party to bring suit to remedy an injury (fraud) that the United States, not the private party, suffered. We held that such a relator does possess standing. And we said that is because the Act âeffect[s] a partial assignment of the Governmentâs damages claimâ and that assignment of the âUnited Statesâ injury in fact suffices to confer standing on [the relator].â Id., at 773, 774. Indeed, in Vermont Agency we stated quite unequivocally that âthe assignee of a claim has standing to assert the injury in fact suffered by the assignor.â Id., at 773.
Petitioners next argue that the aggregators cannot satisfy the redressability requirement of standing because, if successful in this litigation, the aggregators will simply remit the litigation proceeds to the payphone operators. But petitioners misconstrue the nature of our redressability inquiry.
The dissent argues that our redressability analysis âcould not be more wrong,â because â[w]e have never approved federal-court jurisdiction over a claim where the entire relief requested will run to a party not before the court. Never.â Post, at 302. But federal courts routinely entertain suits which will result in relief for parties that are not themselves directly bringing suit. Trustees bring suits to benefit their trusts; guardians ad litem bring suits to benefit their wards;