“As the Maryland State Bar Association points out in its Amicus Curiae brief, under Delegall’s interpretation, every Maryland lawyer who represents a creditor-client that agrees to settle a claim for $25,000 or less through settlement payments made over time, and drafts a settlement agreement that memorializes such terms, would be required to be licensed under the MCLL. Under such an interpretation, where a law firm drafts such a document without a consumer loan license issued by the Commissioner, the consequence would be that the underlying indebtedness would be void and unenforceable. Surely, the General Assembly did not intend for the MCLL to be applied to these types of transactions.”

To obtain a copy of a brief or to share any questions or comments about an amicus issue, please contact advocacy@msba.org.