Author Archives: Maurice Wutscher

Maurice Wutscher’s Ralph Wutscher to Speak at MBA Regulatory Compliance Conference

Sept. 8, 2016 — Maurice Wutscher attorney Ralph Wutscher will discuss key developments in Homeowners Protection Act litigation and compliance at the national Mortgage Banker Association’s Regulatory Compliance Conference in Washington, D.C. on Sept. 18.

Mr. Wutscher will be among a panel of expert counsel who will review the latest cases involving mortgage compliance and discuss possible defenses.

The conference will be held Sept. 18-20 and will provide comprehensive updates on new rules and developments, including under the Home Mortgage Disclosure Act (HMDA) and in the fair lending space, as well as well as practical tips and guidance from policymakers and regulators who impact the mortgage banking industry.

For more information, click here.

Maurice Wutscher Attorneys to Speak at ABA Business Law Section Meeting

Sept. 7, 2016 — Maurice Wutscher attorneys Donald Maurice and Brent Yarborough will moderate a roundtable discussion on the latest developments in debt collection litigation and regulation on Sept. 8 at the American Bar Association’s Business Law Section Annual Meeting in Boston.

The discussion will cover the CFPB’s outline of proposed debt collection rules and its SBREFA panel. Also, Maurice and Yarborough will discuss recent circuit court decisions addressing whether the FDCPA prohibits the filing of “time-barred” proofs of claim in bankruptcy and other litigation developments.

The Consumer Financial Services Committee roundtable is among more than 80 CLE programs prepared and presented by practice-area experts; topical sessions covering the latest business law issues; social events designed to facilitate networking and establish new contacts; and hundreds of committee and subcommittee meetings addressing developments in all areas of business law.

Click here for more information.

Maurice Wutscher Attorneys to Speak at Consumer Financial Services Conference

Sept. 1, 2016 — Maurice Wutscher attorneys Donald Maurice and Eric Rosenkoetter will speak at the Consumer Financial Services Conference at Loyola University Chicago School of Law, Sept. 15-16.

Mr. Rosenkoetter will discuss state regulation of the debt buying industry and Mr. Maurice will present on attorney ethics and the Fair Debt Collection Practices Act.

Conference attendees will also hear from other leaders in consumer financial services law on the TCPA, data breach litigation, arbitration, fintech/marketplace lending, CFPB UDAAP rulemaking/small dollar and beyond, auto finance/CFPB regulations, TRID, mortgage servicing litigation/rules, private label mortgage servicing, debt sales and Madden, FCRA/privacy/furnisher issues, and administrative enforcement.

The conference is organized by the Conference on Consumer Finance Law. Twelve CLE credits will be provided, including one hour of ethics. To view the conference brochure, click here.

Maurice Wutscher’s Eric Rosenkoetter Speaks on CFPB’s Proposed Debt Collection Rules

Aug. 3, 2016 — Maurice Wutscher attorney Eric Rosenkoetter discussed the CFPB’s proposed debt collection rules in a webinar presented by AccountsRecovery.net on Aug. 3.

Eric Rosenkoetter is a partner in Maurice Wutscher’s Austin, Texas office and practices in the firm’s Commercial Litigation, Consumer Credit Litigation and Regulatory Compliance groups.

Maurice Wutscher’s Brent Yarborough to Discuss CFPB’s Proposed Debt Collection Rules

Aug. 1, 2016 — Maurice Wutscher attorney Brent Yarborough will discuss the CFPB’s proposed debt collection rules in a members-only NARCA webinar today at 3 p.m. eastern.

Mr. Yarborough heads Maurice Wutscher’s Birmingham, Alabama office and is secretary of the Board of Directors of NARCA – The National Creditors Bar Association.

He was among a panel of invited speakers to give comments on the CFPB’s Outline at a CFPB field hearing in Sacramento, California on July 29.

For more information about today’s webinar, click here.

Maurice Wutscher’s Donald Maurice to Speak at DBA International Executive Summit

July 27, 2016 — Maurice Wutscher attorney Donald Maurice will give several presentations, including a talk on the Electronic Fund Transfer Act, at the DBA International Executive Summit in Hilton Head, South Carolina, Aug. 2-4.

Mr. Maurice will present on ethics and its role in a robust compliance management system and will join a panel of speakers in giving a federal and state legislative and regulatory update. He will also present on the Electronic Fund Transfer Act and what organizations should do to ensure their payment plans are compliant.

In addition, he will participate in a panel discussion concerning the Small Business Regulatory Enforcement Fairness Act. Panelists will examine what is in the SBREFA outline, giving attendees insight into what the new rules will look like.

For more information and to see the agenda, click here.

Donald Maurice to Discuss Consumer Finance Class Actions, Gillie, Spokeo in CLE Webinar

May 12, 2016 — Maurice Wutscher’s Donald Maurice will discuss developments and trends in consumer finance class actions, including the Gillie and Spokeo U.S. Supreme Court cases during a CLE webinar on June 2.

Presented by Strafford, the webinar will examine effective strategies and approaches for pursuing or defending claims alleging violations of federal consumer protection laws governing the financial services industry, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA) and other similar statutes and regulations.

In addition, panelists will offer guidance on how to navigate the thorny issues that arise regarding class certification and settlement.

The 90-minute CLE webinar will include time for questions. Click here to register.

Maurice Wutscher Attorneys to Speak at NARCA Meeting

May 3, 2016 — Several Maurice Wutscher attorneys will speak on recent developments in consumer financial services law at NARCA’s Spring Conference in Chicago this week.

Donald Maurice and Eric Rosenkoetter will be panel speakers for “Auto Deficiency, Replevin, Medical, and Foreclosure FDCPA Issues You Won’t See With Credit Cards.” The presentation will take a closer look at FDCPA claims arising from practices unique in the servicing and collection of mortgage and student loans, the collection of government debt, motor vehicle loans and medical debt. Panelists will discuss current case law and best practices to reduce liability when engaged in representing clients in these specialized areas.

Thomas R. Dominczyk will discuss “Bankruptcy for Collection Attorneys.” Dominczyk will examine the impact of bankruptcy on outside collection efforts, claim filing and management, and potential FDCPA applicability for actions within bankruptcy.

Brent Yarborough will moderate “Regulation of the Collection Industry: How Much is Too Much?” Representatives from the Cato Institute, the CFPB, the University of Virginia School of Law, the Office of the Illinois Attorney General, and the FTC will participate in this panel discussion.

For more information, click here.

Maurice Wutscher is a national law firm focused on defense of the financial services industry. With offices throughout the United States, the firm’s skilled team of litigators specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, equine law, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings.

Maurice Wutscher’s Brent Yarborough Speaks to Mortgage Banking Industry at Advocacy Day

April 19, 2016 — Maurice Wutscher’s Brent Yarborough was a panel speaker on April 18 at Advocacy Day 2016, a grass roots advocacy event for mortgage servicers and lenders in Washington, D.C.

The panel discussion, “Advocacy Super Session: How We Got Here,” prepared members of ALFN, USFN, NARCA, and REOMAC to meet with their congressmen about issues faced by attorneys representing the mortgage banking industry.

Mr. Yarborough discussed the federal regulation of the practice of law, including the practice-of-law exclusion under Dodd-Frank and the history of attorney regulation under the Fair Debt Collection Practices Act. He also discussed CFPB enforcement actions against attorneys and law firms.

Maurice Wutscher Opens Birmingham Office, Adds Attorney Brent Yarborough

April 13, 2016 — National financial services law firm Maurice Wutscher LLP has opened a new office in Birmingham, hiring financial services attorney Brent Yarborough to lead the firm’s Alabama litigation matters.

Mr. Yarborough will practice in the firm’s Appellate, Commercial Litigation, Consumer Credit Litigation and Regulatory Compliance groups. He joins Maurice Wutscher’s skilled team of litigators who specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, equine law, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings in offices throughout the United States.

Mr. Yarborough brings substantial experience representing financial institutions, debt buyers, and law firms. He has defended cases involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Truth In Lending Act, and various state law claims asserted against lenders and their assignees. He has also provided compliance advice on matters related to the FDCPA, UDAAP, and state debt collection laws.

He is a frequent speaker to national audiences and publishes on topics related to consumer financial services regulation and litigation.

For many years Mr. Yarborough has served on the Executive Board of the Birmingham Bar Association’s Bankruptcy and Commercial Law Section. He also serves on the Legislative Task Force of the Creditor Attorney Association of Alabama and is the immediate past president of the Birmingham-Southern College National Alumni Association.

In October 2015, he was elected Secretary of NARCA – The National Creditors Bar Association, after serving on its Board of Directors for the previous eight years. In addition, he chairs NARCA’s Government and Regulatory Affairs Committee.

Mr. Yarborough earned his B.A., cum laude, from Birmingham-Southern College and his J.D. from Cornell University, where he was Secretary/Treasurer of the Cornell Law School Moot Court Board.

He is admitted to practice law in Alabama, Mississippi, the Northern, Middle and Southern Districts of Alabama, the Northern and Southern Districts of Mississippi, the Fifth Circuit Court of Appeals, and the U.S. Supreme Court.

Maurice Wutscher’s Birmingham office is located at 420 N. 20th St., Suite 2200, Birmingham, AL 35203. Brent Yarborough may be reached at (205) 295-6594 or via email at [email protected].

Donald Maurice on New Wave of Class Actions in Corporate Counsel Cover Story

April 5, 2016 — Maurice Wutscher attorney Donald Maurice speaks about a new wave of putative class actions being waged against companies in Corporate Counsel’s April cover story, Out of Focus, Plaintiffs Lawyers Take Aim at Web Access and Privacy.

The suits involve cutting edge technology, such as biometrics, website accessibity and e-commerce.

Maurice discusses actions involving the Electronic Fund Transfer Act and whether a favorable U.S. Supreme Court decision in Spokeo Inc. v. Robins may curtail their filings by imposing stricter standing requirements.

Author Jan Wolfe writes, “But even if the defense bar gets a win in Spokeo—which, again, got more unlikely with Scalia’s death—these cases will likely continue, predicts Maurice. He points out that Spokeo only deals with whether ‘noinjury’ plaintiffs have standing to sue in federal court. No matter what happens, plaintiffs can still bring EFTA cases in state court. The statute explicitly states that federal courts and state courts have concurrent jurisdiction.”

Maurice Wutscher is a national law firm focused on the defense of the financial services industry. With offices throughout the United States, the firm’s skilled team of litigators specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, equine law, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings.

Donald Maurice to Moderate Mortgage Loan Litigation Panel at ABA Spring Meeting

April 4, 2016 — Maurice Wutscher attorney Donald Maurice will moderate a panel discussion regarding mortgage loan litigation on April 7 at the ABA’s Business Law Section Spring Meeting in Montreal.

Panelists will examine three areas where mortgage lenders are facing conflicting rulings: 1) the running of limitations periods; 2) credit reporting following a mortgagee’s bankruptcy discharge; and, 3) Fair Debt Collection Practices Act and UDAAP liability arising from servicing notices.

Mr. Maurice will also moderate a Consumer Financial Services Committee roundtable regarding state regulation of debt collection following the panel at 4 p.m.

For more information, click here.