Shaping Consumer Law

LITIGATION · LEGISLATION · EDUCATION

Shaping Consumer Law

Litigation, legislative work, testimony, and professional education connected to the development of consumer-protection law.

Consumer law develops through litigation, appellate opinions, legislation, and professional education. The materials on this page show representative examples where litigation extended beyond the courtroom and became part of the continuing development of consumer-protection law.

Protection of Homeowners in Foreclosure Act (PHIFA)

Scott participated in developing Maryland’s Protection of Homeowners in Foreclosure Act, testified before the Maryland General Assembly in support of the legislation, and later represented homeowners in early PHIFA litigation testing the statute’s scope, enforcement, and constitutionality.

Early PHIFA Litigation

  • Bellinger v. Sydnor — early litigation involving a constitutional challenge to PHIFA.
  • Eyler v. 3 Vista Court LLC — PHIFA, TILA, and RICO litigation arising from a foreclosure-rescue transaction.
  • Parsons — an early trial-level PHIFA decision resulting in a $1,062,324 judgment for homeowners in foreclosure-rescue litigation.

Griffin v. Bierman

The litigation challenged Maryland foreclosure procedures during the foreclosure crisis. Although the Court upheld the statutory framework then in effect, it noted that foreclosure policy reforms were already before the General Assembly and Executive Branch. The case became part of the broader reform discussion.

Atta Poku v. Friedman

The appeal was dismissed because no supersedeas bond had been posted. In 2008, the General Assembly introduced the Richard Atta Poku Foreclosure Defense Act, addressing foreclosure appeal and supersedeas-bond issues highlighted by the case. Mr. Poku later attended the Governor’s signing ceremony for the broader foreclosure reform package.

2008 Maryland Foreclosure Reform

Scott was heavily involved in Maryland’s 2008 foreclosure-law reform efforts. Those reforms arose during the foreclosure crisis and addressed problems being exposed in litigation, including issues presented in Griffin v. Bierman and Poku v. Friedman. The firm also participated in legislative advocacy concerning the changes.

Legislative Testimony

Over the years, testimony before committees of the Maryland General Assembly has addressed foreclosure law, consumer protection, debt collection, court procedure, and related legislation.

Judicial & Professional Education

Following enactment of Maryland’s foreclosure reforms, presentations were given to judges, lawyers, and consumer advocates concerning implementation of the new statutory framework, including a Maryland Judicial Conference presentation with Vicki Schultz.

Continuing Legislative Advocacy

Legislative participation continued after the 2008 reforms, including testimony and work on Maryland consumer-protection issues in later years.