Monthly Archives: July 2015

Maurice to Speak at DBA International Executive Summit

July 30, 2015 — Donald Maurice will give several presentations at the DBA International Executive Summit in Park City, Utah, Aug. 11-13.

Maurice will present on ethics and its role in a robust compliance management system. He will also participate in a panel review of top litigation risks for debt buyers, including collecting interest on purchased debt, time-barred debt, settlement offers and the TCPA. In addition, he will discuss the CFPB’s recent consent order with JP Morgan Chase.

For more information and to see the agenda, click here. 

Wutscher Speaks on Disparate Impact Claims in Auto Finance at ACI Conference

July 29, 2015 — At a recent ACI Conference on Consumer Finance Class Actions & Litigation, Ralph Wutscher spoke about disparate impact claims in the auto lending industry during a session on “Student Loans and Auto Loans: Managing Enhanced Government Scrutiny and an Increase in Enforcement Actions, Assessing the Rise in Disparate Impact Claims and Allegations of Fair Lending Violations, and Defending Against Private Litigation.”

In his presentation, Wutscher examined the CFPB’s and DOJ’s enhanced scrutiny of the auto lending industry, trends in auto lending litigation and settlements, the rise in disparate impact claims in auto finance, and how to avoid and defend against auto lending claims.

 

Maurice Quoted in Law.com Article About New Foreclosure Climate

July 24, 2015 — Donald Maurice was quoted in a Law.com article today about how new regulations and an uptick in FDCPA litigation have impacted the foreclosure climate; one result has been a negative impact on the law firms representing lenders and servicers.

“New Foreclosure Climate Brings Law Firm Casualties” is available at Law.com.

Webinar to Examine FCC’s TCPA Declaratory Rulings

July 13, 2015 — Maurice Wutscher will give a webinar on July 17 on the FCC’s TCPA declaratory rulings, which are expected to have a substantial impact on the financial services industry. The webinar has been rescheduled due to the delay in the release of the package of rulings.

The webinar will examine:

Dialer Technology

What do the rulings say about predictive dialers, preview dialers and future dialing technology? What does the FCC mean what it talks about “capacity” and “calling from a list of numbers?” Can you ever be certain that your equipment is not an ATDS?

Consent

What do the rulings mean for the manner, content or means a businesses must use to obtain prior, express consent to call a customer’s cellphone using an “automated telephone dialing system” or prerecorded message? And who provides the consent?

Revocation of Consent

The rulings allow consent to be withdrawn orally or in writing “through any reasonable means.” The FCC interprets the TCPA as not allowing callers to define the manner in which revocation can occur. We’ll discuss how revocation issues have been litigated and how that litigation will likely evolve as a result of the rulings.

Relief from Liability for Calling Reassigned Numbers

The risks of dialing a reassigned number using an ATDS remain large and it is likely to stay that way given the limited relief provided by the rulings. We’ll explore the “one call” exception and give our take on what role it can play going forward.

“Urgent” Information Calls

ATDS calls that would alert a consumer to certain events get special treatment. We will look at what kind of calls can qualify.

“Dual Purpose” and Telemarketing Calls

The rulings address the content of prior express written consent for “dual purpose” and telemarketing calls as well as whether all forms of prior express written consent obtained before the October 2013 rule change are effective. The rulings’ interpretation of these issues will be of special interest to lenders and loan servicers.

For more information and to register, click here.