Tag Archives: CFPB

Maurice Wutscher’s Donald Maurice Discusses Fifth Circuit Ruling on CFPB Funding in Westlaw Today

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.

Webinar: Maurice Wutscher’s Brent Yarborough to Discuss Regulation F and Strategies to Mitigate Risk Under the Rule

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.

Maurice Wutscher Webinar: CFPB Rulemaking on Consumer Access To Financial Records

Nov. 4, 2020 — The Consumer Financial Protection Bureau released its Advance Notice of Proposed Rulemaking on Oct. 22, seeking comment on 46 questions in nine categories surrounding consumer access to financial information under section 1033 of the Dodd-Frank Act.

Maurice Wutscher attorneys Donald Maurice and Eric Rosenkoetter will explore the CFPB’s ANPR and the implications the rulemaking can have on various sectors of the consumer financial services industry during a webinar on Nov. 10 at 1 pm ET.

Attendees can receive one hour of RMAI education credit. Click here to register for the live webinar with Q & A.

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.

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 Discusses TCPA Revisions, CFPB Validity in RMAI Insights

Oct. 29, 2020 — Maurice Wutscher attorney Donald Maurice recently authored an article published in RMAI Insights discussing the U.S. Supreme Court’s latest decision concerning the federal Telephone Consumer Protection Act (TCPA), as well as constitutional challenges to the Consumer Financial Protection Bureau (CFPB).

RMAI Insights is a publication of Receivables Management Association International.

In “U.S. Supreme Court ‘Fixes’ TCPA; CFPB Survives Constitutional Challenge,” Mr. Maurice writes, “In July, the U.S. Supreme Court found that the federal Telephone Consumer Protection Act’s (TCPA) exemption for calls made to collect debt owed to the federal government violated First Amendment free speech protections afforded by the U.S. Constitution. But rather than scrap the statute, the court eliminated the federal debt exemption.”

Mr. Maurice explains that although many hoped the ruling would have substantially curtailed, or even eliminated, TCPA restrictions, “the court’s decision in Barr v. American Assn. of Political Consultants, Inc. gave commercial speech, and in particular debt collection communications, enhanced constitutional protections.”

Mr. Maurice also delves into current speculation surrounding the validity of the CFPB’s past acts in light of a recent constitutional challenge it faced.

“On June 29, 2020, the U. S. Supreme Court found that because the President can only remove its director ‘for cause,’ the CFPB’s structure was unconstitutional. Although unconstitutional, the court in Seila Law LLC v. Consumer Financial Protection Bureau … ‘fixed’ the structure by allowing the president to remove the director at will. Although the CFPB survives, questions remain concerning whether the CFPB’s acts during the period of its unconstitutional structure are valid. And an answer is not expected until sometime in mid-2021.”

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 Webinar Series to Examine CFPB’s Notice of Proposed Rulemaking on FDCPA

May 14, 2019 — Maurice Wutscher is hosting a three part webinar series on May 15, May 22 and June 6 examining the Consumer Financial Protection Bureau’s Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act.

Years in the making, the proposed rules bring significant changes to the form and manner of debt collector communications to consumers, credit reporting and litigation activity.

Interested parties will have 90 days from publication in the Federal Register to submit comments to the rules.

The webinars will be presented by Maurice Wutscher attorneys Donald Maurice,Shannon Miller, Eric Rosenkoetter and Brent Yarborough.

On Wednesday, May 15 at 2 pm ET, Part 1 will provide an overview of the NPRM and

the proposals for validation notices. Click here to register.

On Wednesday, May 22 at 2 pm ET, Part 2 will look at communications with consumers under the proposed rules. Click here to register.

On Thursday, June 6 at 2 pm ET, Part 3 will take a closer look at the rules, including potential conflicts with state communication requirements, validation notices, collecting on decedents’ accounts, meaningful attorney involvement, time-barred debt and restrictions on sale. Click here to register.

Members of Receivables Management Association International will receive 1.5 certification credits for completing each webinar.

Maurice Wutscher’s Donald Maurice to Discuss CFPB’s Proposed Rules for FDCPA During RMAI Webinar May 13

May 10, 2019 — Maurice Wutscher attorney Donald Maurice will discuss the Consumer Financial Protection Bureau’s Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act during a webinar presented by Receivables Management Association International on May 13 at 12 pm ET.

Years in the making, the proposed rules bring significant changes to the form and manner of debt collector communications to consumers, credit reporting and litigation activity.

Interested parties will have 90 days from publication in the Federal Register to submit comments to the rules.

This webinar is the first in an RMAI series of webinars on the proposed rules; it will provide an outline of the rules and discuss the role RMAI members have in shaping the final rules. Click here to register.

Webinar to Examine CFPB’s Notice of Proposed Rulemaking for Fair Debt Collection Practices Act

May 8, 2019 — Maurice Wutscher attorneys Donald Maurice, Shannon Miller, Eric Rosenkoetter and Brent Yarborough will present a webinar on May 15 at 2 pm ET examining the Consumer Financial Protection Bureau’s Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act.

Years in the making, the proposed rules bring significant changes to the form and manner of debt collector communications to consumers, credit reporting and litigation activity.

Interested parties will have 90 days from publication in the Federal Register to submit comments to the rules.

First in a Maurice Wutscher webinar series covering the NPRM, the May 15 webinar will provide an overview of the NPRM and the proposals for validation notices. Click here to register. Members of Receivables Management Association International will receive 1.5 certification credits for completing the webinar.

Maurice Wutscher’s Donald Maurice Discusses CFPB Compliance Bulletin in CreditCards.com

Feb. 3, 2017 — Maurice Wutscher partner Donald Maurice is quoted in a CreditCards.com article regarding the Consumer Financial Protection Bureau’s recent guidance for financial services companies regarding the use of employee incentives and quotas.

Published in the Federal Register on Jan. 18, “Compliance Bulletin 2016-03: Detecting and Preventing Consumer Harm From Production Incentives” describes steps the industry should take to ensure incentives do not pose risks to consumers.

The article, “CFPB warning: incentives can harm consumers” is available here.

Maurice Wutscher’s Donald Maurice to Speak at DBA’s California Regional Symposium

Oct. 29, 2015 — Maurice Wutscher attorney Donald Maurice will participate in DBA International’s California Regional Symposium on Nov. 12, along with representatives from DBA International and the debt buying industry. At the symposium, speakers will discuss the CFPB supervisory and enforcement processes and give their thoughts on what others should be looking at right now.

Topics will include:

Purchase terms and conditions
Data accuracy in both purchases and post-purchase operations
Document requirements, pre-litigation
Addressing oral disputes
Practices for telephone communications and, in particular, calls to cellular phones
Civil lawsuits for debt collection
Handling outside collectors and debt collection law firms
Affidavits used in collection lawsuits
Collecting debt potentially subject to an expired limitations period

Also on the agenda, representatives from the California Bankers Association and the California Collectors Association will discuss recent developments in California state law impacting originators, purchasers and debt collectors. In addition, speakers will discuss new laws in Maine and Illinois as well as pending legislation impacting debt purchasing and those who provide debt collection services. Register here.