Lisa Ritchey Craig, U.S. Bankruptcy Court Judge *177Before the Court is the Motion for Summary Judgment, filed by Charles M. Langevin ("Defendant"). The Motion arises in connection with an amended complaint (the "Complaint") filed by Guy G. Gebhardt, former Acting United States Trustee and prosecuted by Daniel M. McDermott, United States Trustee ("Plaintiff"). The Complaint seeks a finding that Defendant has violated §§ 110(e) & (f) of the Bankruptcy Code and has "engaged in unfair, deceptive, or fraudulent conduct" and seeks an injunction against further violations and conduct. This matter constitutes a core proceeding, over which this Court has subject matter jurisdiction. See
FACTS
Defendant, doing business as Simplified Document Solutions, has acted and continues to act as a "bankruptcy petition preparer" in connection with bankruptcy cases filed in this Court. Complaint, ¶¶ 17-18, 20. Defendant is not a member of the State Bar of Georgia and is not licensed to practice law in any state. Id. ¶ 16. Defendant's standard fee for document preparation is $249. Id.
Defendant maintains two websites: www.simplifiedocumentsolutions.net (the "Simplified Documents Website") and www.249bankruptcy.com (the "249 Bankruptcy Website"). Id. ¶¶ 21-22. Defendant uses the word "legal" on the 249 Website. Id. ¶ 33. On the 249 Website, Defendant states:
• "We offer Chapter 7 and Chapter 13 bankruptcy petition preparation for a low fee of only $249.00. We will provide you with all of the documents necessary to obtain immediate bankruptcy protection, stopping lawsuits, foreclosures, wage garnishments, repossessions, creditor harassment and more." Id. ¶ 34.
• "Chapter 7 bankruptcy is often referred to as a total bankruptcy or a fresh start bankruptcy. It is the most popular form of bankruptcy because it eliminates most or all debts within a matter of a 3-4 months. At the end of the 3-4 months, a debtor can begin to rebuild his or her credit and will be eligible to obtain credit cards and auto loans almost instantly. Chapter 13 bankruptcy is a debt repayment plan where a debtor makes monthly payments to a court appointed trustee for a period of 3-5 years under a court supervised plan." Id. ¶ 35.
• "We provide highly effective services that deliver outstanding results at the fraction of the cost law firms and attorneys charge their clients for similar services. We listen to your situation and want you to know that we're here to help make things *178better and lighter. Unlike many lawyers, we are not here to take advantage of your situation. You can always expect fair and honest service at very affordable rates." Id. ¶ 36.
• "What sets us apart from competition is the fact that we're able to deliver solid results at a fraction of the price of law firms, lawyers, attorneys, and individuals offering the same services we offer." Id. ¶ 37.
• "Bankruptcy is a powerful tool that will give you a 'fresh start' financially. The filing of a Bankruptcy petition will immediately stop all collection action, such as foreclosure, repossession, lawsuits, garnishments, and collection calls. The bankruptcy ends with the judge issuing an order that most or all of your debts are permanently discharged and are noncollectable." Id. ¶ 39.
• Simplified Document Solutions can provide you with all of the necessary paperwork for you to obtain a discharge and move on with your life for only $249.00. Simplified Document Solutions does not have an attorney on staff. However, since most bankruptcy cases are pretty simple after the petition is properly prepared, most people can handle their case without one." Id. ¶ 40.
The Simplified Document Solutions Website contains information about Defendant's experience as a paralegal and his "love for the law." Id. ¶ 41. The Simplified Document Solutions Website contains "Helpful Links," such as a link to a paper that lists Georgia bankruptcy exemptions. Id. ¶¶ 42-43. On the Simplified Document Solutions website, Defendant invites prospective assisted persons to "Click Here to Compare our Success to our 3 Biggest Attorney Competitors." The linked materials include PACER reports with tallies of "Successful Discharges," "Dismissals," and "Discharges Withheld" in cases in which Defendant prepared documents as compared to cases filed by three law firms: Clark & Washington, Debt Stoppers, and King & King. Id. ¶¶ 63-64.
The Simplified Document Solutions Website also has a link to Defendant's blog: http://249bankruptcy.blogspot.com/ (the "Blog"), which includes the following "labels": Bankruptcy, Bankruptcy Attorney, Bankruptcy Paralegal, Chapter 13, Chapter 7, Cheap Bankruptcy, Petition Preparer. Id. ¶¶ 44-45. On June 16, 2013, Defendant posted an article titled: "Atlanta debtors are saving thousands using paralegal services." In that article, Defendant stated: "The average attorney in Atlanta is now charging $1500 for even the most simple Chapter 7 bankruptcy petitions, and many are charging in excess of $2500. These same attorneys will hand your file off to a paralegal to do everything. Depending on the attorney you select, you may not even get the chance to meet with the attorney, as everything is done by the paralegal. More and more often, Debtors are choosing to go directly to the paralegal, avoiding the attorney markup." Defendant suggested that, "the best...option is to hire an experienced bankruptcy paralegal, or petition preparer. The bankruptcy code permits non-attorneys to assist pro-se individuals pursuant to 11 U.S.C. 110." Id. ¶ 47.
On January 30, 2014, Defendant posted an article titled: "What will bankruptcy do to my credit?" He advised: "These people go into bankruptcy with a very low credit score and they actually see an increase in their credit score, simply because it has nowhere to go but up...When creditors see that you have filed for bankruptcy, they see you as a good credit risk." Id. ¶ 48.
*179On August 24, 2014, Defendant posted an article titled: "Ten Things that your bankruptcy attorney won't tell you." Defendant declared: "Most bankruptcy petition preparers are current or former bankruptcy paralegals. Because of the scrutiny that petition preparers are subject to, someone that doesn't know what they are doing will quickly be shut down." Defendant opined that attorneys "will put out untrue information about petition preparers in hopes [they] can convince someone to use an attorney rather than a petition preparer... [or] get judges and U.S. Trustee's to use taxpayer money to slander my competition and put unreasonable restrictions on petition preparers." Id. ¶ 49.
On December 26, 2014, Defendant posted an article titled: "Things You Should Know Before Filing Bankruptcy in the Winter." This article explains that certain credit card charges and cash advances might not be dischargeable. Defendant also suggested that "(i)f you generally get large tax refunds, it might make sense to wait to file your taxes until after you have received and spent most or all of the tax refund." Id. ¶ 50.
On July 18, 2015, Defendant posted an article titled "What is the best type of bankruptcy to file?" He discussed the "different types of bankruptcies" and listed various "benefits," "limitations," and "downfalls" of each. Defendant stated: "Chapter 7 bankruptcy generally only lasts 3-4 months and has almost a 100% success rate. Generally, all a debtor has to do is file the appropriate paperwork (professionally prepared by Simplified Document Solutions or a competitor), go to a quick hearing to verify the identity of the person and verify the paperwork, and wait for the discharge." Id. ¶ 51.
Defendant posts advertisements on Yelp (the "Yelp Advertisement"), Groupon (the "Groupon Advertisement"), and "Angie's List (the "Angie's List Advertisement"), and advertises in the Yellow Pages (the "Yellow Page Advertisement"). Id. ¶¶ 23-26. Defendant also maintains a listing with the Better Business Bureau (the "BBB Listing"). Id. ¶ 27.
The Yelp Advertisement for Simplified Document Solutions includes the following statements: "For only $249, you can be debt-free in as little as 3 months through Chapter 7 bankruptcy or restructure your debts over time through Chapter 13 bankruptcy. We can immediately stop wage garnishments, repossessions, creditor harassment, and foreclosure with our same-day bankruptcy filings. Our success rate is better than most of the bankruptcy attorneys and paralegals in Atlanta and we are happy to give you a free comparison right from the Bankruptcy Court's website. Our bankruptcy program is better than credit repair and cheaper than the lowest priced bankruptcy attorney....[Defendant] has successfully handled literally tens of thousands of cases and helped people obtain relief from millions of dollars in crushing debt." Id. ¶ 52.
The Groupon posting features a plaque for "United States Bankruptcy Court." In response to the inquiry "What services does your business offer and what makes your business stand out from the competition," Defendant indicates "Simplified Document Solutions gives our valued customers 1-on-1 support for a fraction of the price of our competitors." The Groupon Advertisement does not disclose that Defendant is a non-attorney BPP. Id. ¶ 54. The Groupon Advertisement includes an "In a Nutshell" description of the business, which states that it is: "Affordable Chapter 7 and Chapter 13 Bankruptcy Services with a focus on customer service." Id. ¶ 55.
The Yellow Page Advertisement appears under the "categories" Bankruptcy Law Attorneys, Bankruptcy Services, Tax Return *180Preparation, Paralegals. Id. ¶ 58. The Yellow Page Advertisement advises potential debtors: "Simplified Document Solutions offers the best, most affordable bankruptcy service in the metro Atlanta area. Our $249 flat fee bankruptcy is one of the cheapest bankruptcy options in town. For only $249, we offer assistance with both Chapter 7 and Chapter 13 bankruptcy petitions. You don't have to pay overpriced bankruptcy lawyers thousands of dollars in attorney's fees, Simplified Document Solutions is the best, most experienced, non-attorney [BPP] in town." Id.
The Angie's List Advertisement heading for the Angie's List Advertisement is "Simplified Document Solutions-$249 Bankruptcy," and the advertisement alleges that individuals needlessly pay attorneys for "simple documents." Id. ¶¶ 60-61. The Angie's List Advertisement does not disclose that Defendant is a non-attorney BPP. Id. ¶ 62.
Defendant is aware of at least one instance in which a Chapter 7 debtor believed that Defendant was an attorney. Id. ¶ 31. On April 4, 2016, the United States Bankruptcy Court for the Middle District of Georgia entered a Consent Order in which Defendant agreed he would not violate the provisions of
Although the Complaint was filed on October 24, 2016, an alias summons was issued and served upon Defendant on December 7, 2016, and Defendant's answer was due on January 6, 2017. Defendant filed his answer to the Complaint on January 6, 2017, along with a motion to dismiss and the Motion. Both the motion to dismiss and the Motion essentially asked the Court to summarily dismiss the Complaint on the basis that the Complaint fails to state a claim upon which relief can be granted, or that such relief is unconstitutional. At the direction of the Court, the parties agreed to a scheduling order, under which Plaintiff had twenty-one days from the time the Court ruled on the motion to dismiss to respond to the Motion. The scheduling order provided that discovery would not commence until "the date immediately following the Court's entry of the order disposing of" the Motion. Doc. No. 20. The Court denied the motion to dismiss on August 3, 2017, and Plaintiff responded to the Motion on August 23, 2017.
CONCLUSIONS OF LAW
Plaintiff seeks a finding that Defendant has violated § 110(e)(2) and § 110(f) of the Bankruptcy Code and that Defendant has engaged in unfair, deceptive, or fraudulent conduct. Plaintiff further asks the Court to enjoin Defendant from further conduct in violation of § 110(e)(2) and § 110(f) and from further conduct that is unfair, deceptive, or fraudulent. Defendant has moved for summary judgment in his favor because: (1) the Complaint does not allege that Defendant has engaged in speech that would be considered "legal advice"; (2) the Complaint does not allege that Defendant has engaged in speech that is unfair or deceptive; and (3) § 110(e), § 110(f), and O.C.G.A. § 15-19-50 are unconstitutional restrictions on free speech.
Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c) ; Celotex Corp. v. Catrett ,
*181Anderson v. Liberty Lobby, Inc. ,
A factual dispute is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party."
In this case, Defendant seeks judgment as a matter of law because, even assuming the facts alleged in the Complaint are all true, Defendant's conduct has not violated the statutes at issue and, even if it has, the statutes cannot be enforced because they are unconstitutional. However, having considered the briefs and the Complaint, the Court finds that, under the peculiar procedural posture of this case and considering the fact that Plaintiff has not been permitted to conduct any discovery, granting summary judgment on any of the counts would be premature.
A. Defendant is Not Entitled to Judgment as to the
Defendant submits that the Complaint does not allege that Defendant has given "legal advice" within the meaning of § 110(e) and/or O.C.G.A. § 15-19-50. Section 110 of the Bankruptcy Code extensively regulates the conduct of BPPs. Specifically, § 110(e) provides that a BPP "shall not execute any document on behalf of a debtor" and "may not offer a potential bankruptcy debtor any legal advice, including any legal advice described in subparagraph (B)."
Further, courts interpreting § 110(e) have considered it to be "a general prohibition against the practice of law by bankruptcy petition preparers, except where otherwise permitted by applicable law." In re Bernales ,
The Complaint identifies examples of Defendant's advertisements and articles that state the consequences of bankruptcy filings for the benefit of potential debtors, discuss the differences between chapters, and provide filing strategies, such as waiting until an anticipated tax refund is received and spent to file a bankruptcy petition. Many courts have found that providing this information directly to a client constitutes offering legal advice within the meaning of § 110(e) and O.C.G.A. § 15-19-51. See
*183In re Darrow Auto. Grp., Inc. ,
B. Defendant is Not Entitled to Judgment as to the Unfair, Deceptive, or Fraudulent Conduct Count
Under § 110(j), upon Plaintiff's request, "if the court finds that-(i) a [BPP] has-(I) engaged in conduct in violation of [ § 110 ] or of any provision of [Title 11]; (II) misrepresented the preparer's experience or education as a [BBP]; or (III) engaged in any other fraudulent, unfair, or deceptive conduct; and (ii) injunctive relief is appropriate to prevent the recurrence of such conduct, the court may enjoin the [BPP] from engaging in such conduct."
For purposes of § 110(i), "unfair acts and deceptive practices include such conduct or omissions that are likely to mislead a reasonable consumer." Finch v. Finch ,
Here, Plaintiff has alleged that Defendant's website content creates the impression that Defendant offers more than just petition preparation services and that Defendant offers legal advice. From simply *184reviewing the statements made, it appears to the Court that the statements do give the impression that using a BPP is just as good, if not better, than hiring an attorney. Courts have had no difficulty concluding that creating such an impression is deceptive and unfair because of the profound risks that face debtors when they act without having received "proper counseling and guidance from trained professionals who are qualified and legally permitted to provide such services." Hennerman ,
Defendant has moved for summary judgment simply on his own opinion that no reasonable person would believe that Defendant is authorized to provide legal services. As Plaintiff notes, however, due to the procedural posture of this case, the Court has no evidence from which to make a determination as to that critical point, and the Court is unwilling to grant Defendant summary judgment as to Plaintiff's § 110(i) count without permitting Plaintiff an opportunity to conduct discovery.
Further, "courts have uniformly held that the unauthorized practice of law constitutes a 'fraudulent, unfair, or deceptive' act." In re Gross ,
C. The Constitutionality of
Defendant argues that §§ 110(e) and 110(f) and O.C.G.A. § 15-19-50 constitute "an unconstitutional content based restriction on the Defendant's First Amendment right to free speech" and that these provisions are unconstitutional. Defendant urges the Court to apply strict scrutiny to these statutory provisions and to require a showing that the "restriction is narrowly tailored to advance a legitimate compelling government interest and is no more restrictive than necessary to further that interest."
First, § 110(e) essentially prohibits a BPP, a non-attorney, from practicing law without a license. A law that regulates who can practice a particular profession, a "license requirement [that] governs 'occupational conduct, and not a substantial amount of protected speech,' ... does not implicate constitutionally protected activity under the First Amendment." Locke v. Shore ,
*185Nat'l Ass'n for the Advancement of Multijurisdiction Practice v. Castille ,
Therefore, § 110(e)'s prohibition of a non-attorney BPP's offering legal advice and O.C.G.A § 15-19-50, like other state unauthorized practice of law statutes, are not subject to First Amendment scrutiny because their main focus is regulation of professional conduct with only an incidental impact on speech. See Hutchinson ,
Second, § 110(f)'s proscription of the use of the word "legal" in any advertisement is a restriction on commercial speech that is not subject to strict scrutiny. As Plaintiff correctly notes, the First Amendment provides that "Congress shall make no law ... abridging the freedom of speech," U.S. Const. amend. I, and "[c]ontent-based laws-those that target speech based on its communicative content-are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests," Reed v. Town of Gilbert, Ariz. , --- U.S. ----,
Restrictions on commercial speech are evaluated under the four-part test announced by the United States Supreme Court in Central Hudson Gas & Elec. Corp. v. Pub. Serv. Commission of New York ,
For commercial speech to come within [the First Amendment], it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest.
Central Hudson Gas & Elec. Corp.,
Other courts have rejected the argument that § 110, to the extent that it prohibits advertisements that are fraudulent, unfair, or deceptive, is an impermissible infringement on commercial speech. In re Doser ,
Even allowing for the possibility that use of the word "legal" by a non-attorney BPP in advertising is not inherently deceptive, given the substantial authority from other courts finding that § 110 meets the applicable Central Hudson test, granting summary judgment in Defendant's favor at this stage would not be appropriate. See , e.g. , Doser ,
CONCLUSION
For the reasons stated above, Defendant is not entitled to summary judgment. It is ORDERED that the Motion for Summary Judgment is DENIED.
Notes
Defendant has not filed a "separate and concise statement of the material facts, numbered separately, as to which the movant contends no genuine issue exists to be tried," as required by BLR 7056-1. However, Defendant has stipulated, for the purposes of this motion only, as to the truth of the facts alleged in the Complaint. Accordingly, the Court will consider the merits of the motion, notwithstanding its procedural deficiency.