Polacsek v. Debticated Consumer Counseling, Inc.

Full title: ALYSSA POLACSEK, et al. Plaintiffs v. DEBTICATED CONSUMER COUNSELING…

Court: United States District Court, D. Maryland

Date published: Nov 23, 2005

Civil No. PJM 04-631 (D. Md. Nov. 23, 2005)

Opinion

Civil No. PJM 04-631.

November 23, 2005

ORDER

PETER MESSITTE, District Judge

Upon consideration of Plaintiffs' Motion for Partial Summary Judgment [Paper No. 219] and Defendants' Opposition thereto, it is this 23rd day of November, 2005

ORDERED:

1) Plaintiffs' Motion for Partial Summary Judgment [Paper No. 219] is GRANTED IN PART and DENIED IN PART;

2) It is GRANTED in that Defendant Debticated and the Non-Defendant Credit Counseling Agencies (CCAs) will be subject to the Credit Repair Organizations Act if it is determined that as non-profit corporations they in fact operated for profit;

3) It is GRANTED in that Defendant DebtWorks will be subject to CROA if one or more of Defendant Debticated or the non-Defendant CCAs are found to have in fact operated as for-profit corporations;

4) It is GRANTED in that Defendants Andris Pukke and Eriks Pukke may be subject to CROA if they are found to have effectively controlled Debticated, DebtWorks, or any of the non-Defendant CCAs; and

5) In all other respects Plaintiffs' Motion for Partial Summary Judgment is DENIED.