Monthly Archives: May 2015

Webinar to Examine FDCPA Risks of Collecting Statutory Prejudgment Interest

May 28, 2015 — Maurice Wutscher attorneys Donald Maurice and Thomas R. Dominczyk will give a webinar on June 18, examining the FDCPA risks of collecting statutory prejudgment interest.

According to a decision earlier this month from the Ninth Circuit Court of Appeals, collecting prejudgment interest in California did not violate the Fair Debt Collection Practices Act. The decision, Diaz v Kubler, rejected the debtor’s contention that interest allowed by a California statute could not be collected unless a judgment was first entered.

While the decision brings clarity when collecting prejudgment interest in California, it does not authorize the collection of prejudgment interest under other state statutes.

Absent a federal law controlling the imposition of statutory interest on a debt, these varying state requirements and conditions mean there is no national standard for the collection of prejudgment interest.

The webinar will examine court decisions from around the nation, explore state statutes and answer questions. For more information and to register, click here.

Maurice Wutscher Attorneys Author Articles for The Business Lawyer

May 7, 2015 — Maurice Wutscher’s attorneys have authored articles regarding developments with the TCPA and the FDCPA for the latest issue of The Business Lawyer (Vol. 70, Issue 2).

In “Regulation of Calls Under the TCPA: A Fog of Uncertainty Remains,” Ralph Wutscher and his co-authors discuss FCC rulings on the Telephone Consumer Protection Act and pending petitions before the regulatory commission seeking clarification on what might constitute a TCPA violation.

“Clarification as to what constitutes an ATDS and other issues is still needed, as is demonstrated by the rapid increase in TCPA litigation, the potential uncapped exposure that could threaten and even annihilate a company, and the effect on numerous industries that rely on telecommunications as an integral part of their business,” they write.

Donald Maurice co-authored the article, “Continued Circuit Conflicts Create Uncertainty Under the FDCPA.” The article discusses the divergent decisions of the circuit courts on claims filed under the Fair Debt Collection Practices Act and the challenges facing the credit and collections industry as a result.

Disagreement among the courts involve expired statutes of limitations, the impact of bankruptcy law on FDCPA claims, and more, according to the authors.

The Business Lawyer is published by the American Bar Association’s Business Law Section.

Donald Maurice to Discuss Unsecured Consumer Debt at Northwest Bankruptcy Institute

April 30, 2015 — Maurice Wutscher attorney Donald Maurice will discuss emerging issues in the enforcement of unsecured consumer debt at the Northwest Bankruptcy Institute in Portland, Ore. on May 2. He will speak with representatives from the Office of the U.S. Trustee, the CFPB and the Oregon Department of Justice. The panel will be moderated by U.S. Bankruptcy Court Judge Frank Alley.

The event is cosponsored by the Oregon State Bar Debtor-Creditor Section and the Washington State Bar Association Creditor Debtor Rights Section.