11th Cir. Holds Debtors’ Counsel Violates BK Code by Advising Debtor to Pay Legal Fees by Credit Card
April 20, 2018 — Maurice Wutscher’s Thomas R. Dominczyk has written an article discussing interest disclosure in collection notices for the April 19 issue of Consumer Financial Services Law Report.
In “2nd Cir. Cleans Up Interest Disclosure Mess, Upholds Taylor,” Mr. Dominczyk writes that “a 2d U.S. Circuit Court of Appeals panel issued a critical blow to a recent spate of Fair Debt Collection Practices Act lawsuits attempting to create liability out of thin air” when it issued its ruling in Taylor v. Financial Recovery Services, Inc.
Mr. Dominczyk focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation. He is based in Maurice Wutscher’s New Jersey office and supports the firm’s litigation matters in its New York and Pennsylvania offices.
Consumer Financial Services Law Report is published by Thomson Reuters.
Maurice Wutscher’s Ralph Wutscher to Present at ACI’s National Forum on Consumer Finance Class Actions and Government Enforcement
April 11, 2018 — Maurice Wutscher attorney Ralph Wutscher will present at the National Forum on Consumer Finance Class Actions and Government Enforcement on July 16 in Chicago.
Mr. Wutscher will discuss issues relating to whether American Pipe tolling allows a previously absent class member to pursue a new but otherwise time-barred subsequent class action.
He will present on a panel entitled “The Tolling Effect: An Analysis of China Agritech, Inc. v. Resh.” Panelists will provide analysis and insights regarding:
» The China Agritech, Inc. v. Resh case, currently on appeal before the Supreme Court of the United States, and its impact on the consumer finance industry;
» Whether American Pipe tolling applies to toll subsequent class action claims, as opposed to only tolling the individual claims of the putative members of an earlier class action;
» Whether newly named plaintiffs may borrow statute of limitations tolling from prior failed suits where they were unnamed class members;
» Whether a person who opts out can assert the activation of tolling in a subsequent action prior to the denial of certification; and
» How the rule might apply cross-jurisdictionally to subsequent actions in state and federal courts.
The National Forum is organized by the American Conference Institute. For more information, click here.