Donald Maurice

_DSF7102
Principal

Main Office

5 Walter Foran Blvd., Suite 2007
Flemington, NJ 08822
(908) 237-4570

Additional Offices

45 Rockefeller Plaza, Suite 2000
New York, NY 10111

20 F Street NW, 7th Floor
Washington, DC 20001

101 Federal Street, Suite 1900
Boston, MA 02110

Practice Areas

Appellate
Commercial Litigation
Consumer Credit Litigation
Regulatory Compliance

Email

dmaurice@MauriceWutscher.com

Donald Maurice focuses his practice primarily on representing consumer and commercial financial services companies, including financial asset buyers and sellers, depository institutions, third-party debt collectors, and other financial services providers.

 

Don successfully litigates for the financial services industry in state and federal courts. He has provided defense in individual and class action claims brought under the Truth in Lending Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, Fair Credit Reporting Act and various state consumer protection laws.

 

Don also assists clients before the Consumer Financial Protection Bureau and in the development and testing of debt collection compliance systems. He provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

 

Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. His prior firm was named a “Go-to Law Firm for the Top 500 Companies” and a “Go-to Financial Law Firm” by Corporate Counsel.

 

Don has been retained as counsel for Amicus Curiae, in the United States Supreme Court and in federal Circuit Courts of Appeals, authoring briefs for the following cases:

 

» Midland Funding, LLC v. Aleida Johnson, No. 16-348 (U.S. Supreme Court 2016);

» Steven Demarais v. Gurstel Chargo, P.A., et al, No. 16-3173 (8th Cir 2016);

» Buchanan v. Northland Group Inc., No. 13-2523 (6th Cir 2014);

» David Tourgeman v. Collins Financial Services, Inc., et al., No. 12-56783 (9th Cir 2013);

» Marx v. General Revenue Corp., No. 11-1175 (U.S. Supreme Court 2012); and

» Ellis v. Solomon & Solomon, P.C., 591 F.3d 130 (2nd Cir 2010).

 

He also serves as a legal consultant to DBA International and as chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

 

Don is a frequent author of articles and other publications regarding consumer lending and litigation developments. His publications include:

 

» “The Growing Circuit Split on Proofs of Claim for Time-Barred Debt,” Business Law Today, October 2016;

» “Addressing the Sweeping Expanse of Out-of-Stat Debt” and “Proofs of Claim for ‘Time-Barred Debt’ Do Not Violate FDCPA, Majority of Courts of Appeals Now Rule,” DBA Magazine, Fall 2016;

» “Parsing the CFPB’s EFTA Bulletin,” The DBA Magazine, Vol. 6, Issue 1, Spring 2016;

» “The Erosion of Lawyer Independence,” Business Law Today, February 2016;

» “Continued Circuit Conflicts Create Uncertainty Under the FDCPA,” with Alan D. Leeth, The Business Lawyer, Vol. 70, Issue 2, February 2015;

» “Lessons in Professional Responsibility Compliance, GP Solo, November/December 2014;

» “Lessons in Professional Responsibility Compliance,” Business Law Today, April 2014;

» “Debt Collection and the Telephone Consumer Protection Act (TCPA) 47 U.S.C. § 227,” 19th Annual Consumer Financial Services Institute;

» “Circuit Conflicts Create Uncertainty for Debt Collectors Under the FDCPA,” with Laurie Lucas and Tomio Narita, The Business Lawyer, Vol. 69, Issue 2, February 2014;

» “Strained Application of ADA Impacts Debt Collection,” The DBA Magazine, Vol. 3, Issue 1, Spring 2013;

» “Say What You Mean: The FDCPA and Problems of Interpretation,” with Laurie Lucas and Tomio Narita, The Business Lawyer, Vol. 68, Issue 2, February 2013;

» “FDCPA Update: An Industry in Transition,” with Tomio Narita and Laurie Lucas, The Business Lawyer, Vol. 67, Issue 2, February 2012;

» “Courts Diverge on What Constitutes a ‘Statement of Financial Condition’ in Non-Dischargeability Actions,” American Bankruptcy Institute, Consumer Bankruptcy Committee Newsletter, V. 5, No. 3, July 2007;

» “Amended Regulation “E” Impacts Collections,” NARCA Newsletter, Second Quarter 2006;

» “Automobile Lenders Use “Replevins” To Recover Their Collateral,” CU Solutions, Winter 2005;

» “Prime Time: U.S. Supreme Court Holds Cram Downs Will Pay Interest at Prime Plus (Nothing?),” CU Solutions, Fall 2004;

» “New Jersey Supreme Court to Motor Vehicle Lessors: Pay for Lessees’ Towing, Storage and Repairs,” CU Solutions, Spring 2004;

» “Complete Guide to Credit and Collections Law,” Winston, Arthur. Contributing Author, Prentice Hall, 2002.

» Contributor, “NARCA Collector’s Guide,” 2000;

» “Truth in Lending Developments, NARCA Newsletter,” Fall 2000;

» “Unpaid Assessments Not Always Lost When Unit Owners File Bankruptcy, Community Trends,” January 2000; and

» “HO6 Policies in Community Associations, Community Trends,” November 1999.

 

In addition to publishing, Don frequently speaks to national audiences on topics relevant to the financial services industry. His recent speaking engagements include:

 

» Debt Collection Roundtable, ABA Business Law Section Annual Meeting, September 2016;

» FDCPA/Ethics, Consumer Financial Services Conference, September 2016;

» Breaking Down the EFTA – What You Can Do Today to Make Compliant Payment Plans; Ethics as the Cornerstone of a Compliance Management System; SBREFA Hearing: Our First Glimpse Into the Upcoming CFPS Debt Collection Rules; Federal and State Legislative Regulatory Update; DBA International 2016 Executive Summit;

» Auto Deficiency, Replevin, Medical, and Foreclosure FDCPA Issues You Won’t See With Credit Cards, NARCA Spring Conference, 2016;

» Hot Topics in Collecting and Foreclosing Mortgage Loans; State Regulation of Debt Collection, ABA Business Law Section Spring Meeting, April 2016;

» Impact of the FCC’s 2015 Rulings on TCPA Litigation, ABA Winter Meeting, January 2016;

» State Survey and Specific Nuances and Developments in Hotbed Jurisdictions: Homeowners Bill of Rights, Statute of Limitations Issues in Foreclosure Litigation, HOA Liens in Super-Priority States, and More, ACI’s 18th National Forum on Residential Mortgage Litigation and Regulatory Enforcement, September 2015;

» The Chase Consent Order…What It Really Means; Top Litigation Risks for Debt Buyers and How to Avoid Them, DBA International 2015 Executive Summit;

» Night of the Living Debt: Emerging Issues in Enforcement of Unsecured Consumer Debt, Northwest Bankruptcy Institute, May 2015; 

» State Government Perspectives on Recent Key Developments in the Industry and Collaboration with Federal Agencies on Regulatory and Enforcement Initiatives, ACI Forum on Residential Mortgage Litigation & Regulatory Enforcement, April 2015; 

» New York State’s New Collection Rules & Regulations, DBA International Symposium, February 2015;

» Civil Investigative Demands – Can You Be Prepared for a Nuclear Bomb?, Ethics and Consumer Financial Services Law, DBA International Annual Conference, February 2015;

» CFPB Enhanced Oversight and Heightened Scrutiny of the Industry: Evaluating Lessons Learned from Recent Enforcement Actions, Preparing for Investigations and Examinations and Looking Ahead to Rulemaking Updates, ACI Conference on Consumer Finance Class Actions & Litigation, January 2015;

» Meaningful Attorney Review and the Supervision of Non-Attorneys, NARCA Fall Conference, 2014;

» Ethical and Compliance Issues in Consumer Collection, PACBA Annual Meeting, October 2014;

» The Implications of the McMahon Decision, Its Ethical Implications for Lawyers and the CFPB’s and FTC’s Position On Collecting Out of Statute Debt, CFPB and the Regulation of the Practice of Law — Latest Developments, ABA Annual Meeting, September 2014;

» Ethics and Consumer Debt Collection, Top Litigation Risks for Debt Buyers and How to Avoid Them, DBA International 2014 Executive Summit;

» Electronic Funds Transfer Act for Debt Collections, Ethical Consequences of Increasing Client Supervision, NARCA Spring Conference, 2014;

» Assessing the CFPB’s ANPR on Debt Collection Rules, ABA Spring Meeting, April 2014;

» Telephone Consumer Protection Act Developments, Debt Collection Liabilities Under the Fair Debt Collection Practices Act, Consumer Financial Services Institute, PLI, April 2014;

» It Seemed Like a Good Idea at the Time: Design of Compliance Processes and Law of Unintended Consequences, Ethics and Debt Buying, DBA International Annual Conference, February 2014;

» Debt Collection: The CFPB Steps Into the Fray, A Look at the Bureau’s Proposed Debt Collection Rule Making, ABA Winter Meeting, January 2014;

» Issues in Debt Collection Practices, Attorneys General Education Program Policy Conference on Federalism and State Regulation of Lending, George Mason University School of Law, November 2013;

» Ethics and Consumer Debt Collection, DBA International Regional Seminar, November 2013;

» Building a Compliance Management System (Can it Satisfy the CFPB?), NARCA Fall Conference, 2013;

» Ethics as the Cornerstone of a Compliance Management System, DBA International, August and July 2013;

» Vicarious Liability in Collections: Can You Be Held Liable?, ACA International Annual Convention, July 2013;

» The FDCPA Implied Exceptions to Litigation Activity – What the CFPB Doesn’t Want You to Know, NARCA Spring Conference, 2013;

» Ethics and the Consumer Financial Services Industry, DBA International Regional Meeting, April 2013;

» Ready or Not, The Consumer Financial Protection Bureau Is On Patrol, CLLA Convention, April 2013;

» TCPA, Collection and Bankruptcy Issues, Consumer Financial Services Institute, PLI, April and May 2013;

» Collection Ethics and FDCPA Compliance, CLLA Fall Meeting, November 2012;

» Competing in an Environment of Compliance, Michigan Creditors Bar Association, September 2012;

» When Debtors Attack: Special Issues on Handling Counter-Claims, 3rd Party Claims and Ancillary Claims; Billion Dollar Decisions: Protecting your Client’s Brand, NARCA Spring Conference, 2012;

» Collection and Bankruptcy Issues, Consumer Financial Services Institute, PLI, April and May 2012; and

» Recent Trends and Class Actions in Financial Services Litigation, DBA International Annual Conference, February 2012.

 

Don also is a frequent webinar presenter. His recent webinars include:

 

» State Legislative/Regulatory Update, DBA International, September 2015;

» Ask the Attorney — A Q&A for Agencies on the FCC’s TCPA Ruling, insideARM.com Webinar, July 2015;

» Understanding the New Risks in the Bankruptcy Claims Process, DBA International, April 2015;

» Working with New York’s Latest Debt Collection Regulations, DBA International, January 2015;

» The Law and Ethics of Meaningful Attorney Involvement: Recent Rulings and Risk Management, NARCA Webinar, July 2014;

» TCPA for Mortgage Servicers and Debt Collectors, ABA Housing Finance Monthly Call-In Program, June 2014;

» Ethics as the Cornerstone of a Compliance Management System, DBA International, May 2014;

» Revealing the TCPA: Realities and Myths of the Telephone Consumer Protection Act, NARCA Webinar, July 2013;

» Ask the Attorney, insideARM.com Webinar, April 2013;

» Electronics Fund Transfer Act, NARCA Webinar, April 2013; and

» Everything You Need to Know About TCPA Compliance, insideARM.com Webinar, October 2012.

 

He earned his Juris Doctor from Case Western Reserve University School of Law, and a Bachelor of Arts from Boston University.

 

He is a member of DBA International, the national Mortgage Bankers Association, the American Bankers Association, and the American, New York and District of Columbia Bar Associations. He is a Fellow of the American College of Consumer Financial Services Lawyers and a member of the Governing Committee of the Conference on Consumer Finance Law.

 

Don is admitted to practice law in New Jersey, New York, Massachusetts and the District of Columbia, as well as in the U.S. Supreme Court, the U.S. Courts of Appeals for the District of Columbia and the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits, and the U.S. District Courts for the District of Columbia, Northern District of Illinois, District of Massachusetts, Eastern and Western Districts of Michigan, District of New Jersey, Southern, Eastern, Northern and Western Districts of New York, Western District of Oklahoma, Western District of Pennsylvania, District of Nebraska, and Eastern and Western Districts of Wisconsin.