Andrews & Lawrence Professional Services, LLC v. Mills
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The Court of Appeals affirmed the judgment of the court of special appeals reversing the decision of the circuit court entering judgment as a matter of law against Plaintiffs on their Consumer Protection Act (CPA) and Maryland Consumer Debt Collection Act (MCDCA) claims, holding that, in the context of debt collection activity, not all services provided by a lawyer or a law firm fall within the "professional services" exemption under the CPA.
Plaintiffs brought this action against their homeowners association (HOA) alleging violations of the CPA and MCDCA in connection with the HOA's attempt to collect delinquent HOA assessments, fines, penalties, and attorney's fees. The HOA hired a law firm to undertake debt collection activities for delinquent HOA assessment accounts. Plaintiffs filed suit against HOA challenging its debt collection practices. The circuit court entered judgment as a matter of law against Plaintiffs on their CPA and MCDCA claims. The court of special appeals reversed. The Court of Appeals affirmed, holding (1) when a lawyer is engaged in debt collection activities, not all of the lawyer's services fall within the "professional services" exemption of the CPA; and (2) where the professional services exemption does apply to the lawyers' professional services, the statutory exemption does not flow to the client.
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