Oct. 29, 2020 — Maurice Wutscher attorney Donald Maurice recently authored an article published in RMAI Insights discussing the U.S. Supreme Court’s latest decision concerning the federal Telephone Consumer Protection Act (TCPA), as well as constitutional challenges to the Consumer Financial Protection Bureau (CFPB).
RMAI Insights is a publication of Receivables Management Association International.
In “U.S. Supreme Court ‘Fixes’ TCPA; CFPB Survives Constitutional Challenge,” Mr. Maurice writes, “In July, the U.S. Supreme Court found that the federal Telephone Consumer Protection Act’s (TCPA) exemption for calls made to collect debt owed to the federal government violated First Amendment free speech protections afforded by the U.S. Constitution. But rather than scrap the statute, the court eliminated the federal debt exemption.”
Mr. Maurice explains that although many hoped the ruling would have substantially curtailed, or even eliminated, TCPA restrictions, “the court’s decision in Barr v. American Assn. of Political Consultants, Inc. gave commercial speech, and in particular debt collection communications, enhanced constitutional protections.”
Mr. Maurice also delves into current speculation surrounding the validity of the CFPB’s past acts in light of a recent constitutional challenge it faced.
“On June 29, 2020, the U. S. Supreme Court found that because the President can only remove its director ‘for cause,’ the CFPB’s structure was unconstitutional. Although unconstitutional, the court in Seila Law LLC v. Consumer Financial Protection Bureau … ‘fixed’ the structure by allowing the president to remove the director at will. Although the CFPB survives, questions remain concerning whether the CFPB’s acts during the period of its unconstitutional structure are valid. And an answer is not expected until sometime in mid-2021.”
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Maurice Wutscher’s Alan Hochheiser Appointed Chair of Consumer Bankruptcy Committee of ABA Business Law Section
Oct. 7, 2020 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser has been appointed chair of the Consumer Bankruptcy Committee of the American Bar Association Business Law Section.
He will serve a three-year term on the committee whose mission is to provide a forum where those interested in all aspects of consumer bankruptcy can share ideas and influence statutory reform.
“As we face uncertainty in the consumer bankruptcy arena due to Covid-19, the committee looks forward to working with its members to confront the challenges that practitioners, courts and judges will be facing in the next year,” Mr. Hochheiser said. “The committee’s goal is to provide a forum for continued communication and learning to help advance the consumer bankruptcy practice. I look forward to working with all of our committee members and welcome their input.”
A principal at Maurice Wutscher LLP, Mr. Hochheiser is a leading practitioner in the areas of creditors’ rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors.
Maurice Wutscher is a national business and financial services law firm.