News Archives

Category Archives: News

Maurice Wutscher’s Donald Maurice to Discuss OCC’s New ‘Valid-When-Made’ Rule During June 11 Webinar

June 9, 2020 — Maurice Wutscher attorney Donald Maurice will discuss the OCC’s new “valid-when-made” rule during a webinar on June 11 at 3 pm ET.

On June 2, the Office of the Comptroller of the Currency issued a final rule to clarify “that when a bank transfers a loan, the interest permissible before the transfer continues to be permissible after the transfer” and thus a loan is “valid-when-made.”

The rule ensures the terms of a loan remain valid after it is sold or transferred, a key component of the debt buying transaction, and resolves the legal uncertainty created by Madden v. Midland Funding, LLC.

The webinar will discuss the impact of the rule on collectors and debt buyers, including how it may lead to less liability in one area of their business.

The webinar is being presented by AccountsRecovery.net. Click here to register.

Maurice Wutscher’s Donald Maurice Speaks on Current State of Debt Collection During Podcast

June 2, 2020 — What is the state of debt collection during the COVID-19 emergency? Maurice Wutscher attorney Donald Maurice and other industry leaders weigh in during The State of Business podcast.

During the podcast, Mr. Maurice gives guidance on how collectors can responsibly continue their operations during the emergency.

The podcast is produced by Adam Wood of GCS Credit, a membership of international credit and debt collection professionals.

Mr. Maurice provides counsel to businesses and financial services companies, successfully litigating matters in state and federal courts in individual and class actions. He also counsels clients in data privacy and other regulatory compliance matters and provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

The podcast is available here.

Maurice Wutscher’s Donald Maurice to Discuss State Regulation of Debt Collection During Pandemic for May 27 Webinar

May 26, 2020 — Maurice Wutscher attorney Donald Maurice will discuss state regulation of debt collection during the COVID-19 pandemic on May 27 at 3 pm ET.

The webinar will take a closer look at new updates regarding how the states are attempting to protect consumers through guidance and new regulations since the start of the coronavirus pandemic in the United States two months ago.

The webinar, “Analyzing the State Efforts at Regulating Debt Collection During Coronavirus,” is being presented by AccountsRecovery.net. Click here to register.

Maurice Wutscher’s Eric Rosenkoetter Speaks on Data Privacy During RMAI Webinar

May 22, 2020 — Maurice Wutscher attorney Eric Rosenkoetter spoke during a Receivables Management Association International (RMAI) webinar on May 19 about recently enacted and pending legislation addressing data privacy.

The webinar also addressed other legislative developments impacting the receivables management industry, including with the FDCPA, TCPA, and state consumer protection statutes.

Mr. Rosenkoetter is a principal at Maurice Wutscher LLP, where he provides defense and regulatory compliance counsel to businesses and financial services companies nationwide.

Maurice Wutscher’s Eric Rosenkoetter Speaks on Privacy Compliance at CCPA Forum

May 21, 2020 — Maurice Wutscher attorney Eric Rosenkoetter participated in a panel discussion about the impact of the California Consumer Privacy Act on businesses and consumers at the California Consumer Privacy Act Forum in Granite Bay, Calif. in Feburary.

The panel included additional privacy experts from the California Chamber of Commerce and the technology industry who discussed how the new law will affect consumer privacy in California and what businesses must do to comply.

The event was hosted by California Assemblyman Kevin Kiley and co-hosted by the El Dorado County Chamber of Commerce, Folsom Chamber of Commerce, Lincoln Area Chamber, Loomis Basin Chamber of Commerce, Rocklin Area Chamber of Commerce, and Roseville Area Chamber of Commerce.

Mr. Rosenkoetter is a principal at Maurice Wutscher LLP, where he provides defense and regulatory compliance counsel to businesses and financial services companies nationwide.

Maurice Wutscher’s Donald Maurice Named 2020 Super Lawyer

April 23, 2020 — Donald Maurice, a partner at national business and financial services law firm Maurice Wutscher LLP, has been named a New Jersey Super Lawyer in the area of Class Action & Mass Torts.

Each year, only five percent of the lawyers in the state receive this honor. Super Lawyers is a Thomson Reuters rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Mr. Maurice provides counsel to businesses and financial services companies, 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 also counsels clients in data privacy and other regulatory compliance matters and provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

In addition to being a frequent speaker and author on consumer financial services law, he is outside counsel to Receivables Management Association International and serves on the governing Board of Regents of the American College of Consumer Financial Services Lawyers.

He is a Fellow of the ABA’s American Bar Foundation and a former chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

Mr. Maurice is rated AV Preeminent, the highest rating given by Martindale-Hubbell, the worldwide guide to lawyers. A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/.

This communication is published by the law firm Maurice Wutscher LLP and may be considered attorney advertising under the ethical rules of certain jurisdictions. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Riccio: The Good, the Bad and the Ugly, Maurice Wutscher Webinar

April 20, 2020 — Financial services defense and compliance law firm Maurice Wutscher LLP will present a webinar, “Riccio: The Good, the Bad and the Ugly,” now available on demand.

For nearly 30 years Third Circuit law required all disputes under the federal Fair Debt Collection Practices Act section 1692g(a)(3) to be in writing — an interpretation that was rejected by all other Courts of Appeals that took up the issue. That changed with the Third Circuit’s recent ruling in Riccio v. Sentry Credit, Inc.

In this webinar, Maurice Wutscher attorneys Thomas R. Dominczyk, Shannon P. Miller and Brent Yarborough will discuss the ruling and how the decision is expected to drive FDCPA litigation for years to come.

The webinar qualifies for one hour of RMAI Certification credit. Click here to register.

Don’t Let COVID-19 Take Control of Your Business, Maurice Wutscher Webinar

March 31, 2020 — Financial services defense and compliance law firm Maurice Wutscher LLP will present a webinar, “Don’t Let COVID-19 Take Control of Your Business,” now available on replay.

Maurice Wutscher attorneys Donald Maurice and Eric Rosenkoetter will be joined by Adam Wood of GCSrisk, an international service provider for the global credit community, in giving guidance to financial services companies impacted by the coronavirus emergency.

The webinar will examine the unique challenges facing the receivables management industry during the crisis and help employers understand how they can keep their operations working through these unique events. The webinar will also provide an update on developments in state regulation since last week — including a closer look at the NC order released on March 27.

Click here to register.

For additional updates on the impact of COVID-19 on the financial services industry, click here.

Maurice Wutscher’s Donald Maurice to Discuss Impact of Recent State COVID-19 Orders on Collections During RMAI Webinar March 27

March 26, 2020 — Maurice Wutscher attorney Donald Maurice will discuss the impact of recent state COVID-19 orders on collections during an RMAI webinar March 27 at 12 noon ET.

Many states have entered orders in response to COVID-19 that can impact debt collection. The webinar will take a closer look at these orders and how the receivables management industry can harmonize them with its operations and hardship policies.

The webinar is being presented by Receivables Management Association International. Click here to register.

Maurice Wutscher’s Donald Maurice to Discuss CFPB’s Supplemental Proposal on Time-Barred Debt During RMAI Webinar Feb. 28

Feb. 25, 2020 — Maurice Wutscher attorney Donald Maurice will discuss the CFPB’s supplemental debt collection proposal on time-barred debt during an RMAI webinar Feb. 28.

On Feb. 21, the CFPB released its proposed rule to require debt collectors to make certain disclosures when collecting time-barred debt. The proposal supplements the CFPB’s May 2019 proposed rule to amend Regulation F, which implements the Fair Debt Collection Practices Act and currently contains the procedures for state application for exemption from the provisions of the FDCPA.

The proposed rule for the collection of time-barred debt includes both the rationale for the supplemental rule and the results of the CFPB’s Quantitative Disclosure Testing and Quantitative Survey Testing of Model Disclosure clauses and forms for the collection of time-barred debt.

Presented by Receivables Management Association International, the webinar will address:

• Impact of the proposed rule on the collection of time-barred debt;
• Impact of the proposed rule on debt buying and debt collection practices;
• Content of the various disclosure clauses and forms for debt collection as imposed by the proposed rule;
• Summary of the CFPB’s findings on the Quantitative Disclosure Testing and the Quantitative Survey Testing of clauses and forms for debt collection;
• Interplay between the proposed rule for the collection of time-barred debt and state law requirements.

Click here to register.

Maurice Wutscher Attorneys to Speak at RMAI Conference on Best Practices, Compliance in Receivables Management

Jan. 28, 2020 — Several attorneys from Maurice Wutscher LLP, a national financial services law firm, will speak on best practices, compliance strategies and other issues relevant to the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 3-6.

Alan Hochheiser will review best practices around bankruptcy, consumer debt settlement, and estate recovery portfolios and offer strategies for identifying specialty accounts and maximizing recoveries.

Donald Maurice will give a talk on ethics-driven compliance management and discuss legislative and regulatory developments and how they are creating new compliance implications for the business community.

Shannon Miller will discuss payment processing solutions along with the operational and compliance considerations that arise when implementing a payment processing service into a business’s operations.

Eric Rosenkoetter and Brent Yarborough, who were involved in preparing comments on the CFPB’s proposed rules to implement the Fair Debt Collection Practices Act, will discuss the rules and what they will mean for the industry.

For more information about the conference, click here.

Maurice Wutscher’s Donald Maurice to Discuss NY Debt Collector Licensure Proposal During RMAI Webinar Jan. 28

Jan. 24, 2020 — Maurice Wutscher attorney Donald Maurice will discuss New York’s proposal to license companies engaged in debt collection during an RMAI webinar Jan. 28. Aside from licensing debt collectors, the proposal contains new disclosures and restrictions on debt collection, some of which would prohibit the CFPB’s proposed limited content message and email communication rules.

The webinar will also explore the proposed licensing process and the Receivables Management Association International’s efforts in response to the state’s proposal. Click here to register.