May 16, 2018 — Maurice Wutscher attorney Donald Maurice discusses the Telephone Consumer Protection Act as well as a favorable ruling for the debt buying industry in two articles for the spring issue of RMA Insights.
In “DC Circuit Dials Back on FCC’s Broadening of TCPA,” Mr. Maurice discusses the D.C. Circuit’s recent ruling in ACA International v. FCC, et al. on the Federal Communications Commission’s 2015 TCPA order, which, he writes, “created uncertainty and confusion that only multiplied risk and offered little in the way of guidance to companies seeking to comply with the federal law .
Mr. Maurice writes that remarks made by current FCC Commissioner Ajit Pai after the ruling noting that “the 2015 order was overreaching and unlawfully expanded the scope of TCPA risk . . . hopefully reflect that any TCPA rulemaking under Commissioner Pai will provide needed clarity and guidance and put to an end the disturbingly ambiguous guidance that has plagued the TCPA for too long.”
In “Massachusetts Court Rules in Favor of Passive Debt Buyers,” Mr. Maurice explains a recent holding by the Massachusetts Supreme Judicial Court in Dorrian v. LVNV Funding, LLC that passive debt buyers are not required to obtain a state license when all aspects of debt collection activities are handled by a third party.
The ruling was a win for the debt buying industry. It was bolstered by an amicus brief filed by RMA International on behalf of LVNV, supporting the company’s appeal seeking reversal of the lower court’s decision.
In the brief, which was written by Mr. Maurice and Maurice Wutscher’s Brady Hermann, RMA noted its long-standing work with the Massachusetts Division of Banks and Attorney General concerning the regulation of debt buyers.
Mr. Maurice serves as outside counsel to RMA in addition to representing financial institutions nationwide.
RMA Insights is published by RMA International and is available to members only. For more information, click here.