State of Ga. ex. rel. Doyle v. Frederick J. Hanna & Assocs. PC

The Administrator of the Fair Business Practices Act of 1975's investigative demand, which he issued to a law firm seeking to collect debts on behalf of creditors, was an improper attempt to regulate the practice of law.

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Joseph B. Doyle is the Administrator of the Fair Business Practices Act of 1975 FBPA, OCGA § 10-1-390 et seq., which he enforces through the Governor’s Office of Consumer Affairs OCA. After receiving complaints alleging abusive debt collection practices, the Administrator issued an investigative demand to Frederick J. Hanna & Associates, P.C. Appellee, which is a law firm that seeks to collect debts on behalf of creditors. When Appellee refused to comply with the demand, Appellant State of Georgia ex rel. Doyle filed an application for an order compelling compliance therewith. The trial court denied the application, concluding that, because Appellee’s day-to-day operation directly involves the practice of law, and because the investigative demand directly impacts Appellee’s practice of law, that demand is an attempt by Appellant and the OCA to regulate the practice of law and constitutes an impermissible interference by the executive branch into the exclusive jurisdiction of this Court in violation of the separation of powers doctrine. Appellant appeals from this order.

1. Appellant contends that it was unnecessary for the trial court to reach the merits of Appellee’s arguments that Appellant was not authorized to regulate the practice of law. Citing cases such as Securities and Exchange Comm. v. Brigadoon Scotch Distrib. Co. , 480 F2d 1047, 1052-1053 II 2nd Cir. 1973 and BankWest v. Oxendine , 266 Ga. App. 771, 774 1 598 SE2d 343 2004 citing Brigadoon , Appellant argues that an agency’s investigative authority is broader than its enforcement authority and that it may investigate simply to determine whether certain activities come within its regulatory authority.

State of Ga. ex. rel. Doyle v. Frederick J. Hanna & Assocs. PC

The Administrator of the Fair Business Practices Act of 1975's investigative demand, which he issued to a law firm seeking to collect debts on behalf of creditors, was an improper attempt to regulate the practice of law.

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