Monthly Archives: May 2016

Maurice Wutscher Attorneys to Discuss Gillie, Spokeo SCOTUS Cases in Webinar

May 18, 2016 — Maurice Wutscher’s Brent Yarborough and Keith Wier will participate in a webinar discussing the Gillie and Spokeo U.S. Supreme Court cases and their impact on creditors rights attorneys on May 23.

A unanimous Supreme Court ruled on Monday that private attorneys hired by states to collect back taxes and other debts can act on behalf of state officials, reversing a Sixth Circuit decision that lawyers who collect money owed to Ohio misrepresented themselves by using the state attorney general’s letterhead.

In another decision, the Supreme Court ruled that a consumer could not sue Spokeo Inc. for technical violations of the Fair Credit Reporting Act, but left the door open for plaintiffs in other cases to use statutory violations to establish standing, ruling that the Ninth Circuit used an incomplete analysis when it held consumers can sue companies without alleging actual injury.

Mr. Yarborough will moderate and Mr. Wier will join a panel of attorneys as they share perspectives on the two major cases and their impact on the practice of creditors rights attorneys – especially those who do work with their state governments.

The webinar is sponsored by NARCA – The National Creditors Bar Association and is free for members. Click here to register.

Donald Maurice to Discuss Consumer Finance Class Actions, Gillie, Spokeo in CLE Webinar

May 12, 2016 — Maurice Wutscher’s Donald Maurice will discuss developments and trends in consumer finance class actions, including the Gillie and Spokeo U.S. Supreme Court cases during a CLE webinar on June 2.

Presented by Strafford, the webinar will examine effective strategies and approaches for pursuing or defending claims alleging violations of federal consumer protection laws governing the financial services industry, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA) and other similar statutes and regulations.

In addition, panelists will offer guidance on how to navigate the thorny issues that arise regarding class certification and settlement.

The 90-minute CLE webinar will include time for questions. Click here to register.

Maurice Wutscher Attorneys to Speak at NARCA Meeting

May 3, 2016 — Several Maurice Wutscher attorneys will speak on recent developments in consumer financial services law at NARCA’s Spring Conference in Chicago this week.

Donald Maurice and Eric Rosenkoetter will be panel speakers for “Auto Deficiency, Replevin, Medical, and Foreclosure FDCPA Issues You Won’t See With Credit Cards.” The presentation will take a closer look at FDCPA claims arising from practices unique in the servicing and collection of mortgage and student loans, the collection of government debt, motor vehicle loans and medical debt. Panelists will discuss current case law and best practices to reduce liability when engaged in representing clients in these specialized areas.

Thomas R. Dominczyk will discuss “Bankruptcy for Collection Attorneys.” Dominczyk will examine the impact of bankruptcy on outside collection efforts, claim filing and management, and potential FDCPA applicability for actions within bankruptcy.

In “Vicarious Liability: How to Protect Yourself in This New Era of Regulatory Supervision,” Keith Wier will discuss vicarious liability, the effect of Dodd-Frank, the role and attitude of the CFPB and how to respond in this new regulatory environment.

Finally, Brent Yarborough will moderate “Regulation of the Collection Industry: How Much is Too Much?” Representatives from the Cato Institute, the CFPB, the University of Virginia School of Law, the Office of the Illinois Attorney General, and the FTC will participate in this panel discussion.

For more information, click here.

Maurice Wutscher is a national law firm focused on defense of the financial services industry. With offices throughout the United States, the firm’s skilled team of litigators specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, equine law, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings.

Maurice Wutscher Expands Austin Office, Adds Attorney Keith Wier

May 2, 2016 — National financial services law firm Maurice Wutscher LLP has expanded its Austin office, adding consumer financial services attorney Keith Wier.

Mr. Wier will practice in the firm’s Appellate, Commercial Litigation, Consumer Credit Litigation and Regulatory Compliance groups.

He joins Maurice Wutscher’s skilled team of litigators who specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, equine law, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings in offices throughout the United States.

Keith Wier focuses his practice on the defense of individual and class action suits under state and federal consumer statutes, professional liability defense, and compliance issues for members of the collection industry.

He has substantial experience defending collection agencies, law firms, debt buyers, and creditors in consumer litigation in Texas and is certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization.

His professional liability defense work includes defense of realtors, insurance agents and brokers, lawyers, and other professionals.

Mr. Wier is a frequent lecturer and author on defense and compliance issues facing the legal malpractice, collection, credit, and debt buying industries and has taught at the University of Houston Law Center.

He is a past member of the board of directors for ACA International and the past chairman of ACA’s Members’ Attorney Program. In addition, he has served as Defense Bar Committee chair for NARCA – The National Creditors Bar Association.

Mr. Wier received his Bachelor of Business Administration Degree from the University of Texas at Austin in 1983 and his Doctor of Jurisprudence Degree from the University of Houston Law Center in 1986.

He is admitted to practice before the Texas Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. District Courts for the Northern, Southern, Western, and Eastern Districts of Texas. He is also admitted to practice before the U.S. District Courts for the Northern, Western, and Eastern Districts of Oklahoma.

Maurice Wutscher’s Austin office is located at 13284 Pond Springs Road, Suite 302, Austin, Texas 78729. Keith Wier may be reached at (512) 949-5914 or via email at [email protected].