Monthly Archives: May 2020

Maurice Wutscher’s Donald Maurice to Discuss State Regulation of Debt Collection During Pandemic for May 27 Webinar

May 26, 2020 — Maurice Wutscher attorney Donald Maurice will discuss state regulation of debt collection during the COVID-19 pandemic on May 27 at 3 pm ET.

The webinar will take a closer look at new updates regarding how the states are attempting to protect consumers through guidance and new regulations since the start of the coronavirus pandemic in the United States two months ago.

The webinar, “Analyzing the State Efforts at Regulating Debt Collection During Coronavirus,” is being presented by AccountsRecovery.net. Click here to register.

Maurice Wutscher’s Eric Rosenkoetter Speaks on Data Privacy During RMAI Webinar

May 22, 2020 — Maurice Wutscher attorney Eric Rosenkoetter spoke during a Receivables Management Association International (RMAI) webinar on May 19 about recently enacted and pending legislation addressing data privacy.

The webinar also addressed other legislative developments impacting the receivables management industry, including with the FDCPA, TCPA, and state consumer protection statutes.

Mr. Rosenkoetter is a principal at Maurice Wutscher LLP, where he provides defense and regulatory compliance counsel to businesses and financial services companies nationwide.

Maurice Wutscher’s Eric Rosenkoetter Speaks on Privacy Compliance at CCPA Forum

May 21, 2020 — Maurice Wutscher attorney Eric Rosenkoetter participated in a panel discussion about the impact of the California Consumer Privacy Act on businesses and consumers at the California Consumer Privacy Act Forum in Granite Bay, Calif. in Feburary.

The panel included additional privacy experts from the California Chamber of Commerce and the technology industry who discussed how the new law will affect consumer privacy in California and what businesses must do to comply.

The event was hosted by California Assemblyman Kevin Kiley and co-hosted by the El Dorado County Chamber of Commerce, Folsom Chamber of Commerce, Lincoln Area Chamber, Loomis Basin Chamber of Commerce, Rocklin Area Chamber of Commerce, and Roseville Area Chamber of Commerce.

Mr. Rosenkoetter is a principal at Maurice Wutscher LLP, where he provides defense and regulatory compliance counsel to businesses and financial services companies nationwide.

Maurice Wutscher’s Kevin Hudspeth Discusses FACTA Expiration Date Claims in Business Law Today

May 8, 2020 — Maurice Wutscher attorney Kevin Hudspeth has written an article for the American Bar Association’s news magazine Business Law Today in which he discusses FACTA expiration date claims and whether including expiration dates on sales receipts constitutes willful noncompliance.

In “Recklessly Disregarding a Nonexistent Risk of Harm: Does Including the Expiration Date on Electronically Printed Receipts Constitute Willful Noncompliance under FACTA?,” Mr. Hudspeth writes, “The Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. § 1681 et seq., prohibits merchants from including, among other information, credit- and debit-card expiration dates on printed receipts. … After this provision originally became effective in 2004, plaintiff class-action firms flooded courts with expiration date lawsuits, which courts and others ‘met with varying degrees of contempt.’ …”

“A merchant who violates FACTA in a way that Congress specifically found does not increase the risk of identity theft cannot have recklessly disregarded the nonexistent risk, and it therefore cannot have willfully failed to comply with the act. … State courts forced to hear expiration date claims because federal courts will not exercise jurisdiction over them should dismiss the claims with prejudice at the pleading stage,” he writes.