Author Archives: Maurice Wutscher

Maurice Wutscher’s Donald Maurice Discusses TCPA Revisions, CFPB Validity in RMAI Insights

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.”

Maurice Wutscher’s Keith Wier to Discuss TCPA at Southwest ACA Conference

May 3, 2018 — Maurice Wutscher attorney Keith Wier will participate in a panel discussion on Telephone Consumer Protection Act litigation at the 2018 Southwest ACA Conference and Expo in Richardson, Texas, May 7-9.

The panel will discuss the TCPA and recent litigation developments surrounding the act, including the D.C. Circuit’s ruling on the Federal Communications Commission’s 2015 TCPA order in ACA International v. FCC, et al.

Maurice Wutscher is a nationwide law firm providing defense and regulatory compliance counsel to the financial services industry.

Maurice Wutscher’s Thomas Dominczyk Authors Article on Interest Disclosure

April 20, 2018 — Maurice Wutscher attorney 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 Attorneys to Speak at Consumer Financial Services Conference in Chicago

April 18, 2018 — Several Maurice Wutscher attorneys will speak at the Consumer Financial Services Conference at Loyola University Chicago School of Law, May 31-June 1.

Donald Maurice will discuss federal and state collection developments. Ernest Wagner will present on data breach litigation. Ralph Wutscher will moderate panels on mortgage servicing litigation and on mortgage origination and servicing compliance.

Conference attendees will also hear from other leaders in consumer financial services law on such issues as limited English proficiency, ADA/website accessibility, the CFPB, RESPA developments, FinTech/auto mobility, MLA/SCRA auto finance developments, cybersecurity, access to credit, fair lending, and the TCPA.

The conference is organized by the Conference on Consumer Finance Law. Twelve CLE credits will be provided, including one hour of ethics. For more information and to register, click here.

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.

Webinar to Dissect 2nd Circuit’s Taylor Decision on Interest Disclosure

March 30, 2018 — Maurice Wutscher financial services attorneys Donald Maurice, Eric Rosenkoetter and Brent Yarborough will participate in a webinar next week explaining yesterday’s Second Circuit Court of Appeals ruling in Taylor v. Financial Recovery Services. The case will affect how collection agencies disclose information such as interest and fees in letters sent to individuals.

On April 2 at 1 p.m. ET, AccountsRecovery.net will present the webinar in which the panel will dissect the ruling, what it means for the accounts receivable management industry and what its participants should consider as part of their operations. Register for the webinar here.

Maurice Wutscher is a nationwide law firm providing defense and regulatory compliance counsel to the financial services industry.

Maurice Wutscher Attorneys Host Compliance Podcast for ARM Industry

March 29, 2018 — Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough are hosting a new podcast for the accounts receivable management industry, in which they provide a witty and engaging take on compliance-related topics.

Called “The Least Sophisticated Podcast” as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the podcast is produced by AccountsRecovery.net and available for free on iTunes and Google Play or by clicking here.

“I’m thrilled to be providing important information via a new communication channel,” said AccountsRecovery.net’s Mike Gibb. “Brent & Eric do a wonderful job of distilling very important topics into language that anyone – not just compliance experts – can understand and relate to.”

The podcast will be published weekly. Two episodes have been released so far.

The first, “Shark-Infested Safe Harbors,” examines recent court decisions affecting the language collection agencies thought was safe to use in collection letters.

The second episode, “On Debt Buyers & Pot Dealers,” discusses 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 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 three will analyze bills that are currently being considered in state legislatures across the country.

Maurice Wutscher is a nationwide law firm providing defense and regulatory compliance counsel to the financial services industry.

Maurice Wutscher’s Donald Maurice Discusses TCPA Ruling in American Banker

March 21, 2018 — Maurice Wutscher partner Donald Maurice is quoted in an American Banker article regarding the D.C. Circuit’s recent ruling on the Federal Communications Commission’s 2015 TCPA order.

In ACA International v. FCC, et al., the D.C. Circuit last week vacated parts of the FCC’s TCPA order regarding what types of calling equipment are subject to the TCPA’s restrictions as well as the “one-call safe harbor” rule when calling reassigned numbers. The Court upheld the FCC order’s direction regarding revocation of consent and its exemption for time-sensitive healthcare calls.

In the article, “Will court ruling on robo-calling help or hurt consumers?”, Maurice explained the ruling will now make it easier for businesses to communicate with their customers.

“Banking industry representatives say the court’s ruling won’t lead to increase in robo-calls made to consumers. Instead, banks will simply be smarter about making those calls, and they’ll upgrade their software and employee training because now they know what the rules require, Maurice said.”

“’Banks that have invested or will invest in a robust compliance system will reap some benefit,’ Maurice said.”

Tomorrow at 2 p.m. ET, Maurice will discuss the ruling with a panel of experts during a webinar offered by the American Bar Association’s Consumer Financial Services Committee. To join the webinar, click here.

Webinars to Break Down DC Circuit Ruling on FCC’s TCPA Order

March 16, 2018 — Maurice Wutscher’s Donald Maurice will participate in two webinars next week explaining the D.C. Circuit’s ruling today in ACA International v. FCC, et al. on the Federal Communications Commission’s 2015 order that increased the regulatory breadth of the Telephone Consumer Protection Act.

The Court vacated parts of the FCC’s TCPA order regarding what types of calling equipment are subject to the TCPA’s restrictions as well as the “one-call safe harbor” rule when calling reassigned numbers. The Court upheld the FCC order’s direction regarding revocation of consent and its exemption for time-sensitive healthcare calls.

On March 19 at 2 p.m. ET, AccountsRecovery.net will present a webinar in which Mr. Maurice will join a panel of legal experts to parse the ruling, what it means for the accounts receivable management industry and what its participants should consider as part of their operations. Register for the webinar here.

On March 22 at 2 p.m. ET, Mr. Maurice will participate in a webinar offered by the American Bar Association’s Consumer Financial Services Committee for its members. To join the webinar, click here.

Maurice Wutscher Attorneys Author Article on State Debt Collection Rulemaking

Feb. 21, 2018 — Maurice Wutscher’s Donald Maurice, Eric Rosenkoetter and Brent Yarborough have written an article discussing the regulation of debt collection activity at the state level for the Feb. 20 issue of Consumer Financial Services Law Report.

In “States Advance Debt Collection Regulation as CFPB Rule Stalls,” the authors write that while rulemaking at the federal level remains uncertain, states are advancing their rulemaking efforts.

“Numerous states have undertaken or soon will create extraordinary legislative and regulatory measures that are changing the landscape of debt collection regulation,” they write.

Mr. Maurice, Mr. Rosenkoetter and Mr. Yarborough focus their practices in the areas of appellate, commercial, and consumer credit litigation, and regulatory compliance. They regularly represent consumer and commercial financial services companies, including financial asset buyers and sellers, depository institutions, third-party debt collectors, and other financial services providers and have significant experience working with federal and state legislators and regulators.

Consumer Financial Services Law Report is published by Thomson Reuters.

Maurice Wutscher Attorneys to Speak at RMA International Conference

Feb. 1, 2018 — Maurice Wutscher attorneys Alan Hochheiser, Donald Maurice and Keith Wier will participate in several panel discussions at RMA International’s annual conference in Las Vegas Feb. 6-8.

Mr. Hochheiser will discuss specialty debt collection laws involving bankruptcy proceedings and offer strategies to protect interests and maximize recoveries when these situations arise.

Mr. Maurice will give a talk on ethics-driven compliance management. He will also discuss regulatory developments surrounding fintech innovations impacting the collection and management of receivables and participate in a session concerning collection industry reform trends at the state and federal levels.

Mr. Wier will examine current legal decisions and litigation trends relevant to the receivables management industry.

For more information about the conference, click here.

Maurice Wutscher Attorneys Speak at ABA’s CFSC Winter Meeting

Jan. 8, 2018 — Maurice Wutscher’s Ernest P. Wagner and D. Sharmin Arefin spoke at the ABA’s Consumer Financial Services Committee winter meeting this week.

Mr. Wagner joined a panel in discussing the new federal Defend Trade Secrets Act’s impact on the recruiting practices of mortgage lenders, best practices for companies to employ in recruiting to minimize risk, and the latest updates on court opinions construing the new legislation.

Ms. Arefin moderated the panel discussion, “Diverse Legal Career Paths in Consumer Financial Services.” She chairs the CFSC’s Diversity Task Force and holds a number of other leadership positions within ABA.