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Mortgage Foreclosure Players Are Not Required to Seek Licensure Under the Maryland Collection Agency Licensing Act

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Blackstone v. Sharma, 191 A.3d 1188 (Md. Ct. App. 2018)

The State Collection Agency Licensing Board enforces the Maryland Consumer Debt Collection Act (MCDCA). Md. Code Ann., Com. Law § 14-201 et seq. The MCDCA generally requires that a person must have a license whenever the person does business as a collection agency in the State. Md. Code Ann., Bus. Reg. § 7-301(a). When comparing the legislative history of the Maryland Collection Agency Licensing Act (MCALA), Md. Code Ann., Bus. Reg. § 7-301 et seq. (1992, 2015 Rep. Vol.), including the 2007 departmental bill, against the almost contemporaneous Maryland mortgage foreclosure law reform, the Court of Appeals of Maryland concludes that the General Assembly consciously separated the consumer debt collection agency industry under MCALA from the mortgage industry. In other words, the General Assembly did not intend MCALA to be regulating the mortgage industry actors involved in foreclosure proceedings because the legislature addressed that exact issue in the subsequent legislative sessions.

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