Category Archives: News

Maurice Wutscher’s Shannon Miller to Give Guidance on Collection Compliance

March 14, 2019 — Maurice Wutscher attorney Shannon P. Miller will offer guidance on how to remain compliant when collecting debt during a seminar “FDCPA and Collection Law” on April 4 in Cherry Hill, NJ.

Presented by the National Business Institute, the full-day seminar will cover all aspects of collection law and compliance including the latest developments with the Fair Debt Collection Practices Act and other consumer protection laws, how to locate assets after judgments, best practices when collecting judgments, bankruptcy’s implications on collection practices and ethical considerations.

Continuing legal education credits will be provided. For more information and to register, click here.

Maurice Wutscher’s Alan Hochheiser to Discuss Clawback Actions in Bankruptcy at ABA Business Law Meeting

March 6, 2019 — Maurice Wutscher attorney Alan Hochheiser will discuss clawback actions in bankruptcy proceedings at the ABA Business Law Section Spring Meeting in Vancouver on March 29.

The session, “Avoidance Updates: Fraudulent Conveyances, Preferences, and Unauthorized Post-Petition Transfers,” will review recent case law addressing the recovery and defense of fraudulent conveyance and preference actions in chapter 7 and chapter 11 bankruptcy proceedings. Panelists will also address Ponzi scheme actions and how the courts are viewing transfers made in those cases.

Click here for more information.

Maurice Wutscher’s Thomas Dominczyk to Discuss TCPA After Marks Ruling in RMAI Webinar

March 5, 2019 — Maurice Wutscher attorney Thomas R. Dominczyk will discuss the latest developments in Telephone Consumer Protection Act litigation during an RMAI webinar March 28, at 2 p.m. ET, “Surveying The TCPA Litigation Landscape After Marks.”

The webinar will provide guidance in navigating the current TCPA landscape and address a split in the federal circuit courts on the issue of what kind of telephone equipment qualifies as an ATDS as defined by the TCPA.

Last September the Ninth Circuit in Marks v. Crunch San Diego, LLC adopted a broader definition of an automatic telephone dialing system as defined by the act, holding that an ATDS includes devices that store telephone numbers to be called, “whether or not those numbers have been generated by a random or sequential number generator.”

For more information and to register, click here.

Maurice Wutscher Attorneys Host Podcast Offering Guidance, Levity on Receivables Compliance

Feb. 14, 2019 — “The Least Sophisticated Podcast” hosted by Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough provides a witty and engaging take on compliance-related matters for the accounts receivable management industry.

In their latest episode, the hosts revisit the cases and regulatory events that shaped the ARM industry in 2018.

Called “The Least Sophisticated Podcast” as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the series is produced by AccountsRecovery.net and sponsored by WebRecon.

The podcast can be accessed for free on iTunes and Google Play. Click here to download episodes.

Episode 17: Looking Back on 2018

In this episode, Brent Yarborough and Eric Rosenkoetter look back on the cases and regulatory events that shaped the ARM industry in 2018. 

Episode 16: Musings and More

Today, Eric Rosenkoetter and Brent Yarborough are talking about a number of topics, including the impact the recent midterm elections will have on the ARM industry, including the proposed debt collection rule from the Bureau of Consumer Financial Protection, recent enforcement actions from the FTC, especially the person writing press releases about those enforcement actions, and how a judge in Texas reacted to losing his election. 

Episode 15: Overshadowing

Still on the topic of collection letters, Brent Yarborough and Eric Rosenkoetter discuss the topic of overshadowing. Plaintiff’s attorneys are parsing and dissecting every word of a collection letter, so what you say and how you say it matter a great deal. What are the dos and don’ts of trying to collect during the validation period and what do you need to say in your letters to be able to do that?

Episode 14: What’s In Your Envelope?

Plaintiff’s attorneys have been targeting collection letters recently, especially the portion of the letter that is intended to identify the creditor to whom the debt is owed. In this episode, Eric Rosenkoetter and Brent Yarborough tackle some of the challenges associated with that identification.

Episode 13: Did You Check That Box?

In this episode, Eric Rosenkoetter and Brent Yarborough welcome noted bankruptcy expert and fellow Maurice Wutscher lawyer Alan Hochheiser. The trio will be talking about the intersection of consumer protection laws, such as the Fair Debt Collection Practices Act, and bankruptcy. As Brent will say in a minute – bankruptcy can be a pretty dangerous place if you don’t know the rules.

Episode 12: Popeye is No Cowboy

Today, Eric Rosenkoetter and Brent Yarborough are talking about a recent decision from the Third Circuit Court of Appeals in which a debt buyer was ruled to meet the definition of a debt collector under the Fair Debt Collection Practices Act. This case has wide-ranging implications for debt buyers and debt collectors and Brent and Eric are going to talk about those, as well as wax nostalgic about the magical powers of spinach.

Episode 11: Dissecting the BCFP’s FDCPA Consent Order

In this episode, Eric Rosenkoetter and Brent Yarborough discuss the Bureau of Consumer Financial Protection’s consent order with National Credit Adjusters and its CEO, Brad Hochstein.

Episode 10: Analyze This

In this episode, Brent Yarborough and Eric Rosenkoetter look at the nomination of Kathy Kraninger to be the next director of the Bureau of Consumer Financial Protection.

Episode 9: CFPB/BCFP Update

Brent Yarborough and Eric Rosenkoetter discuss a number of changes related to the Bureau of Consumer Financial Protection. [Editor’s Note: This podcast was recorded before a new permanent director was nominated for the agency].

Episode 8: State Round-Up With David Reid

David Reid, the director of government affairs and policy for RMA International, joins Eric Rosenkoetter and Brent Yarborough to provide an update about what’s going on at the state level in the ARM industry. David is one of the most respected experts in government affairs and everyone in the industry will benefit from hearing what he has to say.

Episode 7: The Petition to Reshape the TCPA

In today’s episode, Eric Rosenkoetter and Brent Yarborough discuss the petition submitted to the Federal Communications Commission to address the Telephone Consumer Protection Act in the wake of an appeals court decision won by the ARM industry.

Episode 6: LaValee v. Med-1 Solutions

This case is set to be argued before the Seventh Circuit Court of Appeals later this month, but a new wrinkle in the case has raised its profile and importance. Eric Rosenkoetter and Brent Yarborough discuss the case and its potential impact on the ARM industry.

Episode 5: Dorrian v. LVNV Funding

Eric Rosenkoetter and Brent Yarborough discuss an important ruling from the Massachusetts Supreme Judicial Court in which it ruled that a passive debt buyer did not require a state license as a debt collector. The ruling overturns a summary judgment ruling from a lower court in the state which had held that the defendant, LVNV Funding, did need a license under state law to operate as a debt buyer in Massachusetts. The lower court had certified a class action against the defendant.

Episode 4: Understanding the Implications of ACA v. FCC

In this episode, Brent Yarborough and Eric Rosenkoetter from Maurice Wutscher discuss the D.C. Court of Appeals decision in ACA v. FCC. The decision has significant implications for the ARM industry and how they attempt to contact and communicate with individuals; all collection agencies should review their policies and procedures as a result of this ruling.

Episode 3: Taylor v. Financial Recovery Services

Today, Eric Rosenkoetter and Brent Yarborough break down the ruling from the Second Circuit Court of Appeals in Taylor v. Financial Recovery Services. The suit involves the disclosures that are required in collection letters.

Episode 2: On Debt Buyers & Pot Dealers

Eric Rosenkoetter and Brent Yarborough discuss 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 such 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 1: Shark-Infested Safe Harbors

In this episode, Eric Rosenkoetter and Brent Yarborough discuss a number of recent rulings that raise some concerns about the use of safe harbor language in collection letters.

Maurice Wutscher Attorneys to Speak at RMAI Conference

Jan. 23, 2019 — Maurice Wutscher attorneys Alan Hochheiser, Donald Maurice and Shannon Miller will speak on a number of legal topics of interest to the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 5-7.

Mr. Hochheiser will examine current legal issues in the debt buying industry and answer questions regarding best practices for debt buyers.

Mr. Maurice will participate in a talk on the purchase and collection of international debt and give an update on state and federal legislative and regulatory developments for the receivables industry.

Mr. Miller will discuss the status of “meaningful attorney involvement” as well as what it means to be “meaningfully involved” under the Fair Debt Collection Practices Act.

Receivables Management Association International is the nonprofit trade association that represents more than 500 businesses that support the purchase of performing and nonperforming receivables on the secondary market. For more information about the conference, click here.

Maurice Wutscher’s Shannon Miller to Discuss FDCPA-Compliant Notices in RMAI Webinar

Jan. 14, 2019 — Maurice Wutscher attorney Shannon P. Miller will be among a panel of speakers presenting an RMA International webinar Jan. 31, at noon ET, “Demand Letters and Disclosure Requirements.”

During the webinar, panelists will discuss the necessary components of an FDCPA-compliant validation notice and address the statutory requirements and evolving case law that has complicated the way debt buyers and debt collectors craft their notices.

The panel will also review the kinds of disclosures that must appear in a debt validation notice or other written communications, outline risk management techniques in the context of letter writing and make practical recommendations on how to avoid compliance pitfalls.

For more information and to register, click here.

Maurice Wutscher’s Alan Hochheiser to Review Year’s Key Bankruptcy Decisions in ABA Webinar

Jan. 7, 2019 — Maurice Wutscher attorney Alan C. Hochheiser will moderate an ABA webinar on Dec. 11, at noon ET, “Caselaw Updates: Federal Appellate Bankruptcy Decisions for 2017-2018.”

Panelists, including U.S. Bankruptcy Judge Jean FitzSimon, will discuss bankruptcy decisions of note issued from July 2017 through July 2018 by the U.S. Supreme Court, all federal courts of appeal, and all bankruptcy appellate panels.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee and Business Bankruptcy Committee.

For more information, click here.

Maurice Wutscher’s Alan Hochheiser to Discuss New Value Defense in Bankruptcy in ABA Webinar

Nov. 20, 2018 — Maurice Wutscher attorney Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar Nov. 28, at noon ET, “The 11th Circuit Court of Appeals Weighs In On New Value Preference Defense – Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)”.

Panelists will discuss the basics of preference avoidance actions under section 547 of the Bankruptcy Code and then focus on the 11th Circuit’s Blue Bell decision addressing whether the new value defense under section 547(c)(4) of the Bankruptcy Code requires that the new value remain unpaid.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee and Business Bankruptcy Committee.

For more information, click here.

TCPA Webinar to Give Guidance on Use of ATDS Following 9th Circuit Ruling

Oct. 1, 2018 — Maurice Wutscher attorney Donald Maurice will discuss how to properly interpret the Telephone Consumer Protection Act following the Ninth Circuit’s ruling in Marks v. Crunch San Diego, LLC during a webinar Wednesday, Oct. 10 at 11 a.m. PT / 2 p.m. ET.

He will be joined by Abbas Kazerounian of Kazerouni Law Group APC who represented the consumer in Marks, where the principal issue on appeal was whether a text message sending device qualified as an ATDS for TCPA purposes.

In its decision, the Ninth Circuit adopted a broad definition of ATDS under the TCPA, holding that the term automatic telephone dialing system as defined by the federal act includes devices that store telephone numbers to be called, “whether or not those numbers have been generated by a random or sequential number generator.”

The webinar will be presented by the American Bar Association’s Consumer Financial Services Committee. To join the webinar, click here.

Maurice Wutscher’s Donald Maurice, Ralph Wutscher to Discuss Fintech, Digital Tech, GDPR at GCS Credit Conference

Sept. 28, 2018 — Maurice Wutscher attorneys Donald Maurice and Ralph Wutscher will speak on regulatory and digital tech topics impacting international credit and collection businesses at the GCS Credit Community World Conference in Strasbourg, France, Oct. 26-28.

Mr. Maurice, who serves as outside counsel to RMA International, will speak on the digital transformation of credit and collections and moderate a panel discussion on GDPR, which will include Mr. Wutscher as a speaker. The GDPR panel will cover such issues as vicarious liability, roles and responsibilities and government and industry body support.

Mr. Wutscher will also participate in a session on “Disruptive Tech in Debt Collection and Financial Services,” discussing the changing behavior of hyper-disruptive business models, the enabling influences of fintech, regtech, cloud accounting and automation, and the evolution of big data, and will speak on a global code of conduct for the credit and collections industry.

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

Maurice Wutscher’s Alan Hochheiser, Donald Maurice to Present at ABA Business Law Meeting

Sept. 10, 2018 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will discuss consumer bankruptcy law and give guidance to financial services companies at the ABA Business Law Section Annual Meeting in Austin this week.

Alan Hochheiser will moderate a panel review of federal appellate bankruptcy decisions over the last year. The session will provide analysis of the caselaw and guidance for business lawyers in their dealings with consumer debtors.

Donald Maurice will discuss the unique issues of the pro se bankruptcy debtor and best practices financial services companies should use in their interactions with them.

These sessions are among more than 80 CLE business law programs as well as topical forums covering the latest business law issues to be offered at this year’s annual meeting.

Click here for more information.

The Least Sophisticated Podcast Delves Into Bankruptcy Law

Sept. 6, 2018 — The latest episode of  “The Least Sophisticated Podcast” hosted by Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough delves into bankruptcy law and its intersection with consumer protection laws such as the Fair Debt Collection Practices Act.

“Did You Check That Box?” features a discussion on proof of claim litigation with Maurice Wutscher’s Alan Hochheiser, a leading practitioner in the areas of creditors’ rights and bankruptcy law.

Named as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the podcast is produced by AccountsRecovery.net for the accounts receivable management industry.

The podcast can be accessed for free on iTunes and Google Play or by clicking here.