BENSON v. STATE

No. 7, September Term, 2005.

887 A.2d 525 (2005)

389 Md. 615

Crystal A. BENSON, et al. v. STATE of Maryland, et al.

Court of Appeals of Maryland.

December 7, 2005.


Attorney(s) appearing for the Case

Marshall N. Perkins (Charles J. Piven of Law Offices of Charles J. Piven, P.A., Baltimore; Roger R. Munn, Jr., of the Law Offices of Carl R. Gold, Towson), all on brief, for appellants.

Debra Gardner, John Kopolow, Public Justice Center, Baltimore, brief of Amici Curiae Alternative Directions, Inc., Children Having Incarcerated Parents, Inc., Citizens United for the Rehabilitation of Errants, Family and Corrections Network, Maryland Justice Coalition, Maryland Justice Policy Institute, Inc., and Public Justice Center.

David P. Kennedy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, Baltimore), on brief, for appellees.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


HARRELL, J.

We issued a writ of certiorari to the Court of Special Appeals, before it decided the appeal in this case, to consider several questions:

1. Whether the State of Maryland violates Articles 8 and/or 14 of the Declaration of Rights or the Maryland Consumer Protection Act (CPA), or is subject to the common law actions of unjust enrichment or for money had and received, when the State receives a commission on charges collected from collect phone calls...

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