May 7, 2015 — Maurice Wutscher’s attorneys have authored articles regarding developments with the TCPA and the FDCPA for the latest issue of The Business Lawyer (Vol. 70, Issue 2).
In “Regulation of Calls Under the TCPA: A Fog of Uncertainty Remains,” Ralph Wutscher and his co-authors discuss FCC rulings on the Telephone Consumer Protection Act and pending petitions before the regulatory commission seeking clarification on what might constitute a TCPA violation.
“Clarification as to what constitutes an ATDS and other issues is still needed, as is demonstrated by the rapid increase in TCPA litigation, the potential uncapped exposure that could threaten and even annihilate a company, and the effect on numerous industries that rely on telecommunications as an integral part of their business,” they write.
Donald Maurice co-authored the article, “Continued Circuit Conflicts Create Uncertainty Under the FDCPA.” The article discusses the divergent decisions of the circuit courts on claims filed under the Fair Debt Collection Practices Act and the challenges facing the credit and collections industry as a result.
Disagreement among the courts involve expired statutes of limitations, the impact of bankruptcy law on FDCPA claims, and more, according to the authors.
The Business Lawyer is published by the American Bar Association’s Business Law Section.