Nov. 4, 2022 — Maurice Wutscher attorney Donald Maurice has published an article, “After Fifth Circuit Ruling Get Ready for More Challenges to CFPB Authority, Is Reg F Next?,” on Thomson Reuters Westlaw Today.
In the article, Mr. Maurice discusses an important decision from the Fifth Circuit, Community Financial Association of America v. CFPB, which has cast doubt on the validity of the CFPB’s rulemaking and enforcement activities.
“The ruling poses a difficult challenge for the CFPB. Unlike the U.S. Supreme Court’s decision in Seila Law, no easy fix may be available to preserve CFPB activity undertaken during the period of unconstitutional funding, at least in the Fifth Circuit. The decision’s reasoning suggests it is not at all possible to “sever” the funding scheme as a possible fix that would preserve the Bureau’s prior activities,” he writes.
To read the full article, click here.
Donald Maurice is a principal attorney at Maurice Wutshcer LLP, where he represents the financial services industry, successfully litigating matters in appellate and trial courts throughout the country in individual and class actions and guiding businesses, trade associations, healthcare and financial services companies nationwide in regulatory and compliance matters.
July 18, 2022 — Maurice Wutscher attorneys Shannon P. Miller and Keith Wier will discuss the latest policy and regulatory developments in the treatment and reporting of medical debt at the ACA International Convention & Expo on July 21 in Orlando.
In their talk, “The CFPB’s Focus on Medical Debt and the Credit Reporting Agencies’ Response: What You Need to Know,” the speakers will explore in-depth both the Consumer Financial Protection Bureau’s recent report on medical debt as well as the credit reporting agencies’ proposed policy changes, what impact they will have on the accounts receivable management industry and how industry members should use this information.
For more information and to register, click here.
Shannon P. Miller is a principal attorney in Maurice Wutscher’s Pennsylvania office, where he focuses his practice on various aspects of financial services law with an emphasis on consumer financial services litigation. He has successfully represented healthcare and financial institutions and law firms across the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes.
Keith Wier focuses his practice on the defense of individual and class action suits under state and federal consumer statutes, professional liability defense, and compliance issues for members of the collection industry. He has substantial experience defending collection agencies, law firms, debt buyers, and creditors in consumer litigation in Texas and is certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization.
April 12, 2021 — Maurice Wutscher attorney Brent Yarborough will participate in a panel discussion of Regulation F, the CFPB’s Debt Collection Practices final rule, and how companies can mitigate risk under the rule during a webinar April 16 at 1 pm ET.
Under Regulation F, collection agencies are required to do many things that are “substantially similar” to what the CFPB lays out in the rule. But what does “substantially similar” mean and how are the courts likely to define it?
In this webinar, the panel will share their insights into how “substantially similar” is likely to be defined and how agencies can proactively fight potential lawsuits.
“Why Reg F is Going to Mean More ‘Substantially Similar’ Litigation” is being presented by AccountsRecovery.net. To register for the free webinar, click here.
Brent Yarborough is a principal at Maurice Wutscher LLP. He focuses his practice on regulatory compliance and the defense of consumer law claims.