The Consumer Law Group, a multi-state law firm that specializes in debt management and debt settlement, is suing the Florida Attorney General's office, claiming it does not have the authority to investigate its business practices because "the practice of law does not constitute 'trade or commerce' as defined by the Florida Deceptive and Unfair Trade Practices Act [FDUTPA]."
The law office, based in Boca Raton, Fla., says at least 10 depositions recently have been conducted by the AG's office regarding the law firm's practices and that it is seeking to prevent a lawsuit "that the Attorney General will soon file ... under the guise of FDUPTA."
Joining as plaintiffs are the law office's managing attorney, Michael Metzner; American Debt Negotiators [ADN]; Ran Barnea, president at ADN; and Daniel Post, secretary at ADN. The Consumer Law Group says it hires American Debt Negotiators, also of Boca Raton, Fla., to provide "administrative services," including "IT solutions for, among other things, CLG's debt settlement programs pursuant to contract."
In the complaint filed in Palm Beach County (Fla.) Court, the plaintiffs claim that the Florida Supreme Court has exclusive jurisdiction over the practice of law and lawyers.
The law office concedes that the AG's office has the power to enforce the Deceptive and Unfair Trade Practices Act, but says that "such investigation and the threatened law suit, however, exceed the attorney general's statutory authority, as the practice of law does not constitute 'trade or commerce' as such term is defined by FDUTPA."
