Category Archives: Event

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

July 31, 2017 — Maurice Wutscher attorney Donald Maurice will discuss successful, ethics-driven compliance management tactics for the receivables management industry at the RMA International Executive Summit in Lake Tahoe, Aug. 1-3.

In addition, Maurice will join a panel of speakers in reviewing federal and state legislative and regulatory developments impacting the receivables management industry and how RMA is responding. The panel will also discuss new debt buying laws in Colorado, Maine and Oregon.

Maurice provides counsel to the financial services industry, successfully litigating matters in state and federal courts in individual and class actions. He has argued before various U.S. Circuit Courts of Appeals, and has been retained as counsel for amicus curiae in the U.S. Supreme Court and in the U.S. Circuit Courts of Appeals.

He counsels clients in regulatory matters and in the development and testing of compliance management systems. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to Receivables Management Association and as chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

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

Webinars to Parse SCOTUS Ruling on Debt Buyer FDCPA Liability Under Henson v. Santander

June 13, 2017 — Maurice Wutscher’s Donald Maurice will participate in two webinars tomorrow discussing debt buyer FDCPA liability under the U.S. Supreme Court’s June 12 ruling in Henson v. Santander Consumer USA Inc.

The Court held that a purchaser of a defaulted debt who then seeks to collect the debt for itself is not a “debt collector” subject to the federal Fair Debt Collection Practices Act (FDCPA).

On June 14 at 12 p.m. ET, Maurice will participate in a webinar offered by the American Bar Association’s Consumer Financial Services Committee and RMA International. To call in to the webinar, click here.

On June 14 at 1 p.m. ET, AccountsRecovery.net will present a webinar in which Maurice will join a panel of defense attorneys to discuss 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.

Alan Hochheiser, Donald Maurice to Speak on FDCPA Regulation of Bankruptcy in ABA Webinar Today

May 31, 2017 — Maurice Wutscher’s Alan C. Hochheiser and Donald Maurice will be among a panel of speakers presenting an ABA webinar today at noon, “A Look at FDCPA Regulation of Bankruptcy Practices after Midland Funding LLC v. Johnson.”

A recent Supreme Court decision found the federal Fair Debt Collection Practices Act was not violated by a debt collector’s filing of a proof of claim for a debt subject to an expired limitations period. But the decision did not find that the FDCPA is precluded by the Bankruptcy Code.

The webinar will explore the decision and examine whether FDCPA risks still remain for bankruptcy practices. Panelists will discuss what may occur with existing cases that were stayed and what to look for moving forward.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.

Maurice Wutscher Attorneys to Speak at Consumer Financial Services Conference

May 12, 2017 — Several Maurice Wutscher attorneys will speak at the Consumer Financial Services Conference at Loyola University Chicago School of Law, May 15-16.

Donald Maurice will discuss state regulation of the consumer financial services industry. Ernest P. Wagner will speak on cybersecurity. Ralph T. Wutscher will moderate panels on mortgage servicing litigation and mortgage servicing compliance in which he will discuss False Claims Act Litigation developments and the CFPB’s new mortgage servicing rule concerning payment statements to borrowers in bankruptcy.

Conference attendees will also hear from other leaders in consumer financial services law on the TCPA, fair lending, RESPA, HMDA, fintech, alternative credit, UDAAP, auto finance and more.

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 Donald Maurice to Discuss Pending Financial Services SCOTUS Case at ABA Spring Meeting

March 30, 2017 — Maurice Wutscher’s Donald Maurice will discuss the pending U.S. Supreme Court case Midland Funding, LLC v. Johnson and its potential impact on consumer financial services law on April 6 at the ABA’s Business Law Section Spring Meeting in New Orleans.

Mr. Maurice will be among a panel of speakers representing counsel for the parties and amici from the Midland Funding case as well as a sitting bankruptcy judge. Maurice Wutscher LLP filed an amicus curiae brief in the case on behalf of DBA International, Inc.

The panel will discuss how the decision may affect the Chapter 13 claims process and federal Fair Debt Collection Practices Act litigation. A primary issue before the Court is whether a creditor’s proof of claim for debt subject to an expired limitations period is a per se violation of the FDCPA.

The decision could impact not only creditors subject to the FDCPA, but all creditors participating in consumer bankruptcy cases. The petition comes from the Eleventh Circuit, the only to hold the conduct violates the FDCPA and the theory was subsequently rejected by the Fourth, Seventh and Eighth Circuit Courts of Appeals.

Mr. Maurice successfully argued the creditor case in the Fourth Circuit case.

For more information, click here.

Webinar to Examine Use of Bankruptcy Code to Impose Debt Collector Liability

March 21, 2017 — Maurice Wutscher’s Alan C. Hochhesier and Donald Maurice will discuss the CFPB’s and the U.S. Trustee’s use of Bankruptcy Code Section 105 as an enforcement tool in addressing the conduct of debt buying companies during a webinar March 29.

Section 105 provides a bankruptcy court with broad powers to carry out the provisions of the Bankruptcy Code. Recently, the U.S. Trustee filed two actions under the section concerning a debt buying company’s conduct in filing proofs of claim. The webinar will examine Section 105 and discuss what creditors need to know to avoid liability.

The webinar is being presented by Receivables Management Association and sponsored by The Bureaus, Inc. It will provide 1.5 education credits. For more information and to register, click here.

Maurice Wutscher’s Donald Maurice to Speak at DBA International Conference

Feb. 2, 2017 — Maurice Wutscher’s Donald Maurice will participate in several panel discussions at DBA International’s annual conference in Las Vegas Feb. 7-9.

Mr. Maurice will give a talk on ethics-driven compliance management. He will also participate in sessions concerning the new federal regulatory environment and concerning legislative and regulatory issues for the debt buying industry at the state and federal levels.

For more information about the conference, click here.

Maurice Wutscher Attorneys to Speak at ABA’s CFSC Winter Meeting

cfscJan. 10, 2017 — Maurice Wutscher’s Donald Maurice and D. Sharmin Arefin will speak at the ABA’s Consumer Financial Services Committee winter meeting in Calsbad, California this week.

Maurice, who is chair of the CFSC’s Debt Collection Practices and Bankruptcy Subcommittee, will lead the roundtable discussion, “Midland v. Johnson – What’s Before SCOTUS in Consumer Bankruptcy and FDCPA Litigation and the CFPB Enforcement Implications” on Jan. 13.

The U.S. Supreme Court will hear oral argument of the case on Jan. 17, which involves the intersection of the FDCPA and bankruptcy law. A primary issue before the Court is whether a creditor’s proof of claim for debt subject to an expired limitations period is a per se violation of the FDCPA. The decision impacts not only creditors subject to the FDCPA, but all creditors participating in consumer bankruptcy cases. The petition comes from the Eleventh Circuit, the only to hold the conduct violates the FDCPA and the theory was subsequently rejected by the Fourth, Seventh and Eighth Circuit Courts of Appeals. Maurice successfully argued the creditor case in the Fourth Circuit case.

On Jan. 14, Arefin will moderate “Serving the Underserved: Lessons in Marketing and Emerging Markets.” Speakers will discuss how financial institutions are reaching their increasingly diverse consumer base and ways that the legal profession can support them. Arefin is vice chair of CFSC’s Diversity Task Force and holds a number of other leadership positions within ABA.

For more information about the meeting, click here.

Maurice Wutscher’s Brent Yarborough to Speak at Virginia Creditors Bar Association

BrentYarboroughOct. 18, 2016 — Maurice Wutscher attorney Brent Yarborough will discuss the CFPB’s proposed debt collection rules at the Virginia Creditors Bar Association’s annual Collections Seminar on Oct. 20 in Williamsburg, Virginia.

In addition to a review of the CFPB’s rulemaking process for debt collection, the seminar will offer comprehensive discussions on issues pertaining to creditors’ rights and collections law throughout Virginia, including FDCPA defense and recent FDCPA decisions, bankruptcy, post judgment collections, and ethics.

The seminar offers six hours of CLE, including one hour of ethics, For more information, click here.

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

ralphWutscherSept. 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.