5th Cir. Rejects Chapter 13 Debtor’s Attempt to ‘Partially Surrender’ Different Collateral for Same Claim
2nd Cir. Holds Named Plaintiffs in Putative Class Actions Must Individually Indicate Intent to Appeal
7th Cir. Upholds Order Remanding Putative Class Action Back To State Court for Lack of Article III Standing
3rd Cir. Holds No FDCPA Violation When Debt Collector Invited Phone Calls to ‘Eliminate Further Collection Action’
March 19, 2021 — National business and financial services law firm Maurice Wutscher LLP has added experienced litigation attorney Daniel Miller to its Chicago office where he will practice in the firm’s Consumer Credit Litigation and Commercial Litigation groups.
Mr. Miller has substantial experience with both individual and class action cases involving the FDCPA, TCPA, FCRA, TILA, RESPA, Illinois Consumer Fraud Act, and various other federal and state statutes.
Prior to joining the firm, he was an associate attorney at one of Chicago’s premier consumer protection law firms. He also represented corporate clients in commercial transactions and executive compensation agreements.
Throughout his career, Mr. Miller has cultivated a rigorous work ethic and diverse skill set and has applied his passion for litigation and extensive experience in service of his clients.
He earned his Juris Doctor from the University of Illinois College of Law, and his Bachelor of Arts in History from Durham University in the United Kingdom. He is admitted to practice law in Illinois and the U.S. District Courts for the Northern District of Illinois and the Southern District of Illinois.
Mr. Miller joins Maurice Wutscher’s skilled team of litigators who handle appellate matters, business formation and transactions, class action litigation, commercial, construction, consumer credit and employment litigation, contested bankruptcies and foreclosures, data privacy and security law and compliance, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings from offices throughout the United States.
Daniel Miller may be reached at (636) 893-8718 or via email at [email protected].
March 19, 2021 — Maurice Wutscher attorney Brady Hermann has published an article, “9th Cir. holds anti-joinder and class action waiver provisions did not violate California law,” on Thomson Reuters Westlaw Today.
In the article, Mr. Hermann discusses a recent decision from the U.S. Court of Appeals for the Ninth Circuit affirming an order compelling arbitration despite the California Supreme Court’s ruling in McGill v. Citibank, N.A., “that no one can contractually waive all rights to seek public injunctive relief, and therefore that any contract that bars public injunctive relief in both court and arbitration is invalid.”
The plaintiff claimed that a financial technology company violated California’s Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA) by falsely advertising that credit-builder loans contain no hidden fees.
“[T]he Ninth Circuit held that, under the agreement at issue, litigants proceeding in individual lawsuits could request public injunctive relief in arbitration with the defendant. Therefore, the agreement did not violate the McGill rule and was valid and enforceable.”
Brady Hermann is senior counsel in the Boston and New York offices of Maurice Wutscher LLP. He regularly represents financial services companies including banks, broker-dealers, financial advisors, financial asset buyers and third party debt collectors in individual, class action and regulatory matters. He has successfully represented clients throughout the country against claims for violations of securities laws, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and various state consumer protection statutes.