Most claims against a landlord's lawyers dismissed, but one federal debt collection claim survives.

Record source: CourtListener

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ) LATIA THOMPSON-MCKOY, ) ) Plaintiff, pro se, ) ) Civil Action No. 25-cv-01795-LKG v. ) ) Dated: September 9, 2026 TODD A. KELTING, et al. ) ) Defendants. ) ) ) MEMORANDUM OPINION I. INTRODUCTION In this civil action, the Plaintiff pro se, Latia Thompson-McKoy brings claims on behalf of herself and her minor son, against the Defendants, Todd A. Kelting, Esq., and Offit Kurman, P.A., arising from a series of eviction proceedings brought against her in the District Court of Maryland for Baltimore County, pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq.; 42 U.S.C. §1983; the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1962(c) and (d); the Truth in Lending Act, 15 U.S.C. §§ 1601, et seq.; and Maryland law. ECF Nos. 1 and 4. The Defendants have moved to dismiss the complaint, or, in the alternative, for summary judgment on these claims, pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 56. ECF No. 28. The motion is fully briefed. See id.; ECF Nos. 28, 28-1, 31 and 32. No hearing is necessary to resolve the motion. See L.R. 105.6 (D. Md. 2025). For the reasons that follow, the Court: (1) GRANTS-in-PART and DENIES-in-PART the Defendants’ motion to dismiss (ECF No. 28); and (2) DISMISSES Counts II-VIII of the complaint and the Plaintiff’s Section 1692f claim in Count I of the complaint. II. FACTUAL AND PROCEDURAL BACKGROUND1 A. Factual Background In this civil action, the Plaintiff brings claims on behalf of herself and her minor son against the Defendants, arising from certain eviction proceedings before the District Court of Maryland for Baltimore County. ECF No. 4 at ¶¶ 1, 10 and 15. Specifically, the Plaintiff asserts the following claims against the Defendants in the complaint: (1) violation of the FDCPA, 15 U.S.C. §§ 1692e, 1692f and 1692g (Count I); (2) deprivation of property without due process, in violation of 42 U.S.C. § 1983 (Count II); (3) violation of RICO, 18 U.S.C. § 1962(c) and (d) (Count III); (4) abuse of process and fraud on the court (Count IV); (5) violation of the MCDCA, Md. Code Ann., Com. Law § 14-202 (Count V); (6) supplemental state law claims under the MCDCA, the MCPA, Md. Code Ann., Bus. Reg. § 7-301 and common law fraud and misrepresentation (Count VI); (7) violation of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601, et seq. (Count VIII); and (8) declaratory and injunctive relief, pursuant to 28 U.S.C. §§ 2201-2202 (Count VIII). See generally ECF No. 4. As relief, the Plaintiff seeks, among other things, certain declaratory and injunctive relief and to recover actual and punitive damages from the Defendants. Id. at Prayer for Relief. The Parties Plaintiff Latia Thompson-McKoy is a Maryland resident. Id. at ¶ 7. Defendant Todd A. Kelting, Esq. is an attorney licensed in Maryland who, at all relevant times to this case, acted as counsel for UDR, Inc. (“UDR”). Id. at ¶ 8. Mr. Kelting represents UDR and works for Defendant Offit Kurman, P.A. Id. Defendant Offit Kurman, P.A. is a law firm that is located in Bethesda, Maryland and regularly engages in landlord-tenant and debt-collection litigation in Maryland courts. Id. at ¶ 9. The Plaintiff’s Lease Agreement As background, the Plaintiff and her minor son reside in an apartment (the “Apartment”) located at 20 Lambourne Road, Towson, Maryland. Id. at ¶¶ 7 and 10. On or about October 29, 2024, the Plaintiff executed a lease agreement with Consolidated- Hampton, LLC to lease the Apartment (the “Lease Agreement”). Id. at ¶14A. The Lease Agreement provides that the Plaintiff will pay $1,680.00 per month in rent, made payable to UDR/20 Lambourne (“UDR”) ECF No. 28-4 at 8. The Lease Agreement also requires that the Plaintiff buy and maintain renters’ insurance, and that a failure to maintain the required renters’ insurance is an incurable breach of the Lease Agreement that may result in the termination of tenancy and eviction. Id. at 9. In this regard, Section 8 of the Lease Agreement provides that: 8. INSURANCE. We do not maintain insurance to cover your personal property or personal injury. We are not responsible to any resident, guest, or occupant for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow lighting, wind, explosions, earthquake, interruption of utilities, theft, hurricane negligence of other residents, occupants, or invited/uninvited guests or vandalism unless otherwise required by law. You [Plaintiff] are required to buy and maintain renters insurance naming the owner as an insured in the minimum amount of $_______________ for property and $100000.00 for personal liability. If a minimum coverage amount is left blank, you are not required to have that type of insurance. * * * Failure to maintain required insurance throughout your tenancy, including any renewal periods and/or lease extension, is an incurable breach of this Lease Contract and may result in the termination of tenancy and eviction and/or any other remedies as provided by this Lease Contract or state law. Id. at 9. In addition, “Rider 1 to Lease Addendum Liability Insurance Required of Resident,” addresses tew failure to maintain liability insurance and provides, in relevant part, that: 3. DEFAULT AND FORCE PLACEMENT. Except where prohibited by law, failure to obtain and maintain liability insurance as required under the Lease Contract and this Addendum is an immediate, material default under the terms of your Lease Contract. In such event, we will send a written notice to you demanding that you cure the violation by procuring the required insurance and supplying evidence of coverage to us. If you fail to obtain and supply evidence of such insurance to us on or before the date set forth in your notice, we shall be entitled to exercise all rights and remedies under the Lease Contract and applicable law, including but not limited to the right to procure liability-only insurance coverage on your behalf and at your sole cost and expenses, but we shall be under no obligation to procure such coverage on your behalf. SUCH COVERAGE SHALL PROTECT ONLY OUR INTERESTS, AND WILL NOT COVER ANY OF YOUR PERSONAL PROPERTY OR OFFSET ANY OF YOUR LIABILITY FOR ANY DAMAGES THAT YOU MAY BE HELD ACCONTABLE FOR, AND SHALL REMAIN IN PLACE DURING THE TERM OF THE

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