February 2019

Feb. 14, 2019 — “The Least Sophisticated Podcast” hosted by Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough provides a witty and engaging take on compliance-related matters for the accounts receivable management industry.

In their latest episode, the hosts revisit the cases and regulatory events that shaped the ARM industry in 2018.

Called “The Least Sophisticated Podcast” as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the series is produced by AccountsRecovery.net and sponsored by WebRecon.

The podcast can be accessed for free on iTunes and Google Play. Click here to download episodes.

Episode 17: Looking Back on 2018

In this episode, Brent Yarborough and Eric Rosenkoetter look back on the cases and regulatory events that shaped the ARM industry in 2018.

Episode 16: Musings and More

Today, Eric Rosenkoetter and Brent Yarborough are talking about a number of topics, including the impact the recent midterm elections will have on the ARM industry, including the proposed debt collection rule from the Bureau of Consumer Financial Protection, recent enforcement actions from the FTC, especially the person writing press releases about those enforcement actions, and how a judge in Texas reacted to losing his election.

Episode 15: Overshadowing

Still on the topic of collection letters, Brent Yarborough and Eric Rosenkoetter discuss the topic of overshadowing. Plaintiff’s attorneys are parsing and dissecting every word of a collection letter, so what you say and how you say it matter a great deal. What are the dos and don’ts of trying to collect during the validation period and what do you need to say in your letters to be able to do that?

Episode 14: What’s In Your Envelope?

Plaintiff’s attorneys have been targeting collection letters recently, especially the portion of the letter that is intended to identify the creditor to whom the debt is owed. In this episode, Eric Rosenkoetter and Brent Yarborough tackle some of the challenges associated with that identification.

Episode 13: Did You Check That Box?

In this episode, Eric Rosenkoetter and Brent Yarborough welcome noted bankruptcy expert and fellow Maurice Wutscher lawyer Alan Hochheiser. The trio will be talking about the intersection of consumer protection laws, such as the Fair Debt Collection Practices Act, and bankruptcy. As Brent will say in a minute – bankruptcy can be a pretty dangerous place if you don’t know the rules.

Episode 12: Popeye is No Cowboy

Today, Eric Rosenkoetter and Brent Yarborough are talking about a recent decision from the Third Circuit Court of Appeals in which a debt buyer was ruled to meet the definition of a debt collector under the Fair Debt Collection Practices Act. This case has wide-ranging implications for debt buyers and debt collectors and Brent and Eric are going to talk about those, as well as wax nostalgic about the magical powers of spinach.

Episode 11: Dissecting the BCFP’s FDCPA Consent Order

In this episode, Eric Rosenkoetter and Brent Yarborough discuss the Bureau of Consumer Financial Protection’s consent order with National Credit Adjusters and its CEO, Brad Hochstein.

Episode 10: Analyze This

In this episode, Brent Yarborough and Eric Rosenkoetter look at the nomination of Kathy Kraninger to be the next director of the Bureau of Consumer Financial Protection.

Episode 9: CFPB/BCFP Update

Brent Yarborough and Eric Rosenkoetter discuss a number of changes related to the Bureau of Consumer Financial Protection. [Editor’s Note: This podcast was recorded before a new permanent director was nominated for the agency].

Episode 8: State Round-Up With David Reid

David Reid, the director of government affairs and policy for RMA International, joins Eric Rosenkoetter and Brent Yarborough to provide an update about what’s going on at the state level in the ARM industry. David is one of the most respected experts in government affairs and everyone in the industry will benefit from hearing what he has to say.

Episode 7: The Petition to Reshape the TCPA

In today’s episode, Eric Rosenkoetter and Brent Yarborough discuss the petition submitted to the Federal Communications Commission to address the Telephone Consumer Protection Act in the wake of an appeals court decision won by the ARM industry.

Episode 6: LaValee v. Med-1 Solutions

This case is set to be argued before the Seventh Circuit Court of Appeals later this month, but a new wrinkle in the case has raised its profile and importance. Eric Rosenkoetter and Brent Yarborough discuss the case and its potential impact on the ARM industry.

Episode 5: Dorrian v. LVNV Funding

Eric Rosenkoetter and Brent Yarborough discuss an important ruling from the Massachusetts Supreme Judicial Court in which it ruled that a passive debt buyer did not require a state license as a debt collector. The ruling overturns a summary judgment ruling from a lower court in the state which had held that the defendant, LVNV Funding, did need a license under state law to operate as a debt buyer in Massachusetts. The lower court had certified a class action against the defendant.

Episode 4: Understanding the Implications of ACA v. FCC

In this episode, Brent Yarborough and Eric Rosenkoetter from Maurice Wutscher discuss the D.C. Court of Appeals decision in ACA v. FCC. The decision has significant implications for the ARM industry and how they attempt to contact and communicate with individuals; all collection agencies should review their policies and procedures as a result of this ruling.

Episode 3: Taylor v. Financial Recovery Services

Today, Eric Rosenkoetter and Brent Yarborough break down the ruling from the Second Circuit Court of Appeals in Taylor v. Financial Recovery Services. The suit involves the disclosures that are required in collection letters.

Episode 2: On Debt Buyers & Pot Dealers

Eric Rosenkoetter and Brent Yarborough discuss new state laws regulating the collections and debt-buying industries. Injecting humor into the discussion, the attorneys refer to the laws that were enacted last year such as: “The Maine Deforestation Act” (because of all the documentation requirements); “The Oregon Trail Ends In Idaho Without A License Act” (new debt buyer license requirements); “Colorado Where Debt Buyers Are As Cool As Pot Dealers Act” (because Colorado now regulates both); and “The West Virginia Cure for the Wild & Not So Wonderful Act” (on that state’s new bill and particularly the “cure” requirement).

Episode 1: Shark-Infested Safe Harbors

In this episode, Eric Rosenkoetter and Brent Yarborough discuss a number of recent rulings that raise some concerns about the use of safe harbor language in collection letters.

Feb. 6, 2019 — Maurice Wutscher attorney Ernest Wagner has written an article discussing a change in Florida’s standard for admitting expert testimony into evidence for the Jan. 23 issue of Consumer Financial Services Law Report.

In “Florida Supreme Court Moves Away From Daubert,” he writes that the Florida Supreme Court “recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional.”

“The ruling resolved a long simmering dispute and returned Florida to the Frye standard for admitting expert testimony,” he writes. “[I]n returning to the Frye standard, Florida has taken a step back from the more rigorous Daubert approach that required trial judges to act like scientists and determine the reliability of expert testimony in favor of deferring to the relevant scientific or technical field.”

Mr. Wagner is a principal of Maurice Wutscher LLP. He practices in the firm’s Commercial Litigation, Consumer Litigation and Cybersecurity Insurance groups, and leads the firm’s Insurance Recovery and Advisory group. Based in Chicago, he also supports the firm’s litigation matters in its Miami office.

Consumer Financial Services Law Report is published by Thomson Reuters.

Monthly Archives: February 2019

Maurice Wutscher Attorneys Host Podcast Offering Guidance, Levity on Receivables Compliance