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DANIEL DAVIS v. ELMORE & THROOP, P.C.
Civil litigation — Maryland Consumer Debt Collection Act — Attorney’s fees
This appeal arises from an action filed in the Circuit Court for Anne Arundel County by Appellant, Daniel Davis (“Davis”), against Appellee, Elmore & Throop, P.C. (“Elmore & Throop”). Davis owns a home located within a homeowner’s association known as The Oaks at Old Court (“the Association”). Davis fell behind on his monthly assessments that were owed to the Association. The Association retained Elmore & Throop, a law firm, to initiate collection activities against Davis.
On December 28, 2018, Davis filed a complaint seeking a class action against Elmore & Throop, challenging their collection activities and alleging violations of the Maryland Consumer Debt Collection Act (“MCDCA”). Davis sought a declaratory judgment, injunction, and attorneys’ fees pursuant to the Maryland Consumer Protection Act (“MCPA”). Thereafter, Elmore & Throop filed a motion to dismiss the complaint, or in the alternative for summary judgment. The Circuit Court for Anne Arundel County granted Elmore & Throop’s motion for summary judgment, entered a declaratory judgment in favor of Elmore & Throop, and dismissed Davis’s request for attorneys’ fees.
