class action Archives

Maurice Wutscher’s Brady Hermann Quoted on TCPA Class Action Against Advisory Firm

April 13, 2021 — Maurice Wutscher attorney Brady Hermann is quoted in an AdvisorHub article regarding a Telephone Consumer Protection Act class action filed April 9 against an investment advisory firm for allegedly using an automatic telephone dialing system to call prospective clients.

He is also quoted in an article about the lawsuit in the Vancouver, Wash. newspaper The Columbian.

Mr. Hermann, who discussed the case in a LinkedIn post, said, “Just one week prior to the filing of this complaint, the Supreme Court significantly limited the definition of an automatic telephone dialing system (“ATDS”) in Facebook v. Duguid. Following the Supreme Court’s 9-0 ruling in Facebook, the TCPA can no longer apply to devices that do not ‘us[e] a random or sequential number generator.’ Despite the Facebook decision coming out just one week prior to the filing of this complaint, plaintiff cites to the now outdated definition of an ATDS.”

Mr. Hermann said the plaintiff will have to prove that the advisory firm “used a random or sequential number generator to call him. A lot of telephone systems used by businesses today do not, so plaintiff may have an uphill battle.”

Brady Hermann is senior counsel in the Boston and New York offices of Maurice Wutscher LLP. He regularly represents financial services companies including banks, broker-dealers, financial advisors, financial asset buyers and third party debt collectors in individual, class action and regulatory matters. He has successfully represented clients throughout the country against claims for violations of securities laws, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and various state consumer protection statutes.

Maurice Wutscher’s Donald Maurice Named 2021 Super Lawyer

April 2, 2021 — Donald Maurice, a partner at national business and financial services law firm Maurice Wutscher LLP, has been named a New Jersey Super Lawyer in the area of Class Action & Mass Torts.

Each year, only five percent of the lawyers in the state receive this honor. Super Lawyers is a Thomson Reuters rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Mr. Maurice provides counsel to businesses and financial services companies, successfully litigating matters in state and federal courts in individual and class actions. He has argued before various U.S. Circuit Courts of Appeals, and has been retained as counsel for amicus curiae in the U.S. Supreme Court and in the U.S. Circuit Courts of Appeals.

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.

In addition to being a frequent speaker and author on consumer financial services law, he is outside counsel to Receivables Management Association International. He is a fellow of the American College of Consumer Financial Services Lawyers, a fellow of the ABA’s American Bar Foundation and a former chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

Mr. Maurice is rated AV Preeminent, the highest rating given by Martindale-Hubbell, the worldwide guide to lawyers. A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/.

This communication is published by the law firm Maurice Wutscher LLP and may be considered attorney advertising under the ethical rules of certain jurisdictions. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.