Justia Consumer Law Opinion Summaries

Janice Hollabaugh authorized her attorney to request her medical records from a health care provider for a personal injury claim. The provider contracted with MRO Corporation to fulfill the request. MRO sent a "Cancellation Invoice" to Hollabaugh’s attorney, stating that the request was canceled and charged a $22.88 fee for searching for the records, even though no records were produced. Hollabaugh reimbursed her attorney for the fee and subsequently filed a class action lawsuit against MRO, alleging that the fee violated the Confidentiality of Medical Records Act.The Circuit Court for Baltimore County determined that Hollabaugh had standing but concluded that the Act authorized MRO’s fee, leading to the dismissal of the case. The Appellate Court of Maryland affirmed the standing decision but also upheld the fee's authorization under the Act. Hollabaugh then petitioned the Supreme Court of Maryland, which granted certiorari to review the case.The Supreme Court of Maryland held that Hollabaugh had standing to sue because she reimbursed her attorney for the fee, creating a reasonable inference of injury. The Court further held that the Confidentiality of Medical Records Act does not permit a health care provider to charge a preparation fee for a search that does not result in the production of any medical records. The Court reasoned that the statutory language and context imply that fees are only authorized for the retrieval and preparation of existing records. Consequently, the Court affirmed the lower court's decision on standing but reversed the decision regarding the fee's authorization, remanding the case for further proceedings consistent with its opinion. View "Hollabaugh v. MRO Corporation" on Justia Law

SmartEnergy Holdings, LLC, a retail electricity supplier, was found to have violated various provisions of Maryland law governing retail electricity suppliers, including engaging in deceptive, misleading, and unfair trade practices. The Supreme Court of Maryland upheld the decisions of lower courts and the Maryland Public Service Commission, affirming that the Commission has the authority to determine whether electricity suppliers under its jurisdiction have violated Maryland’s consumer protection laws, including the Maryland Telephone Solicitations Act (MTSA). The court also determined that the MTSA applies to SmartEnergy’s business practices, as it applies to sales made over the telephone where the consumer places the telephone call to the merchant in response to a merchant’s marketing materials. The court found substantial evidence in the record to support the Commission's factual findings and determined that the remedies imposed by the Commission were within its discretion and not arbitrary or capricious. View "In the Matter of SmartEnergy" on Justia Law