Tag Archives: Compliance

Webinar: Maurice Wutscher’s Shannon Miller to Review Motion to Compel Arbitration Strategies

May 25, 2023 — Maurice Wutscher attorney Shannon P. Miller will review the basics of using a motion to compel arbitration as an effective defense tool during an RMAI webinar on Wednesday, May 31 at 9 am PT.

The webinar will also cover common factual and legal hurdles that may need to be overcome for a successful motion, as well as recent caselaw affecting how to present and litigate a successful motion to compel arbitration.

To register for the Receivables Management Association International webinar, 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.

Webinar: Maurice Wutscher’s Brent Yarborough to Discuss Arbitration of FDCPA Claims

April 18, 2023 — Maurice Wutscher financial services attorney Brent Yarborough will discuss the influx of arbitration filings in Fair Debt Collection Practices Act cases during a webinar for AccountsRecovery.net on Friday, April 21 at 1 pm ET.

Consumers and consumer attorneys are filing more FDCPA cases via arbitration, hoping that collectors will be more willing to settle because the expenses associated with arbitration can be significantly higher than in court.

In this webinar, Mr. Yarborough and panel will break down this trend and what it means for the accounts receivable management industry.

To register for the complimentary 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’s Donald Maurice to Speak on Proposals to Amend New York Debt Collection Rules

March 31, 2023 — Maurice Wutscher attorney Donald Maurice will discuss rulemaking efforts underway in both New York City and New York State that could change the process through which debts are collected in New York at the Credit and Collection News 18th Annual Conference in La Jolla, Calif. on April 12.

“Although NYDFS pulled its last proposed amendments, it will issue new amendments soon,” Mr. Maurice says. “Unless DFS makes significant changes, third-party debt collectors and debt buyers collecting consumer debt in New York State will need a top-down reassessment of their existing collection operations to comply with the amendments; and may find it difficult, if not impossible, to use Regulation F’s Model Validation Notice.”

The presentation will explore in depth New York issues impacting the credit and collections industry, both regulatory and litigation, including recent activity from the New York Attorney General.

For more information and to register for the conference click here.

Donald Maurice 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 and financial services companies nationwide in regulatory and compliance matters.

Webinar: Maurice Wutscher’s Brent Yarborough to Review FDCPA Compliance Strategies

Feb. 24, 2023 — Maurice Wutscher financial services attorney Brent Yarborough will explain what defines harassment under the Fair Debt Collection Practices Act and how to stay in compliance during a webinar for AccountsRecovery.net on Tuesday, Feb. 28 at 1 pm ET.

What defines harassment under the FDCPA? Often, it is judges who are left to make that distinction, making the definition of harassment not always as black-and-white as collectors wished it was.

In this webinar, Mr. Yarborough and panel will help codify what defines harassment under the FDCPA and explain best practices to help companies comply with the law.

To register for the complimentary 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 Attorneys to Speak on Data Privacy, Compliance at RMAI Conference

Feb. 1, 2023 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will speak on data privacy, compliance, legislative, and regulatory matters impacting the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 6-9.

Mr. Hochheiser will discuss current issues in the receivables management industry and share insights on how to mitigate risk and stay compliant.

Mr. Maurice will give a talk on ethics-driven compliance management and participate in a session reviewing new state and federal laws and regulations impacting the receivables management industry. He will also discuss federal developments in data privacy and security laws and regulations.

For more information about the Receivables Management Association International conference, click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser chairs the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to Thomson Reuters’ list of Ohio Super Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Donald Maurice is outside counsel to RMAI. 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 and financial services companies nationwide in regulatory and compliance matters. He has been named to Thomson Reuters’ list of New Jersey Super Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Webinar: Maurice Wutscher’s Alan Hochheiser to Discuss Best Practices in Consumer Bankruptcy Matters

Jan. 20, 2023 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will discuss best practices for the accounts receivable management industry concerning consumers who have filed for bankruptcy protection during a webinar Thursday, Jan 26, at 1 pm ET.

In this webinar, Mr. Hochheiser and panel will break down what creditors and collectors need to know about consumers and bankruptcy.

“What You Need to Know About Consumers and Bankruptcy” is being presented by AccountsRecovery.net. To register for the complimentary webinar, click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser chairs the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Maurice Wutscher’s Shannon Miller Takes a Closer Look at Medical Debt and How It Is Being Regulated in Westlaw Today

Jan. 17, 2023 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Regulating medical debt collection: A 2022 review and look ahead,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses the record amounts of medical debt created by the COVID-19 pandemic. That coupled with “flaws in how medical services are billed and what understanding consumers have of their financial responsibility for these services” led to more regulatory activity of medical debt in 2022.

“Last year saw an influx of federal and state regulation aimed at what information must be conveyed to consumers in anticipation of the provision of medical services as well as restrictions on the collection of medical debt. Expect more activity in 2023,” he writes.

To read the full article, click here.

Webinar: Maurice Wutscher’s Donald Maurice to Discuss New York’s Proposed Amendment to Debt Collection Regulation

Jan. 4, 2023 — Maurice Wutscher attorney Donald Maurice will discuss the New York Department of Financial Services’ updated proposal for new debt collection rules during a webinar Friday, Jan. 6 at 3 pm ET.

The amendment, while still open for comment, has a number of new wrinkles and provisions that could change the process through which debts are collected in New York.

In this webinar, Mr. Maurice and panel will walk through the proposed changes and discuss next steps for creditors and collectors.

“Understanding the New New York Debt Collection Proposed Rules” is being presented by AccountsRecovery.net. To register for the complimentary webinar, click here.

Maurice Wutscher’s Shannon Miller, Keith Wier to Speak on Medical Debt Regulation at ACA Int’l 2022 Fall Forum

Oct. 25, 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 and how to remain compliant at ACA International’s 2022 Fall Forum on Nov. 4 in Chicago.

In their talk, “Medical Debt and the Ever-Changing Regulatory Landscape,” the speakers will examine the recently enacted No Surprises Act as well as new state laws and regulations targeting medical debt collections and the CFPB’s position on medical debt collection and credit reporting. They also will discuss how the CRAs have modified their policies in response to the CFPB’s guidance and how these changes may affect an agency’s ability to stay compliant with collections and reporting of medical debt.

For more information and to register click here.

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.

Maurice Wutscher’s Shannon Miller, Keith Wier Discuss Developments in Medical Debt at Southwest ACA Conference & Expo

Oct. 12, 2022 — Maurice Wutscher attorneys Shannon P. Miller and Keith Wier discussed the latest policy and regulatory developments in the treatment and reporting of medical debt at the 2022 Annual Southwest ACA Conference & Expo on Oct. 11 in Dallas-Fort Worth.

In their talk, “Medical Debt and the Ever-Changing Regulatory Landscape,” the speakers examined the recently enacted No Surprises Act as well as new state laws and regulations targeting medical debt collections and the CFPB’s position on medical debt collection and credit reporting. They also discussed how the CRAs have modified their policies in response to the CFPB’s guidance and how these changes may affect an agency’s ability to stay compliant with collections and reporting of medical debt.

Webinar: Maurice Wutscher’s Alan Hochheiser to Discuss Preference Actions in Bankruptcy

Aug. 25, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will discuss a bankruptcy trustee’s pre-filing obligations under Section 547(b) of the Bankruptcy Code during a Strafford webinar Wednesday, Aug. 31 at 1 pm ET.

This 90-minute CLE course will examine current developments about the trustee’s pre-filing due diligence requirements in Section 547(b), which was amended by the Small Business Reorganization Act of 2019 (SBRA) to subject a trustee’s exercise of preference avoidance powers to two requirements before filing suit.

Some case law has developed but controversy still exists regarding what these elements require a trustee to do. The Bankruptcy Code does not define “reasonable due diligence in the circumstances of the case” nor what it means to take “into account a party’s known or reasonably knowable affirmative defenses.”

Mr. Hochheiser will join a panel in reviewing the current state of the law, identify divergent approaches, and offer best practices and options in this continually developing area.

To register for “Preference Actions: Clarifying the Trustee’s Pre-Filing Due Diligence,” click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. He currently serves as chair of the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Webinar: Maurice Wutscher’s Alan Hochheiser to Examine Current Trends in Bankruptcy Litigation

Aug. 23, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will provide an update on the latest trends in bankruptcy litigation and how those trends are impacting financial services companies during an RMAI webinar Tuesday, Aug. 30 at 9 am PT/12 noon ET.

Mr. Hochheiser and the webinar panel will discuss the latest bankruptcy filing statistics and projections as well as the status of proof of claim litigation and the request for attorney fees. The panel, which will include a U.S. Bankruptcy Court judge and a Chapter 13 trustee, will also discuss the fallout from the U.S. Supreme Court’s ruling in City of Chicago v. Fulton and the subsequent circuit and bankruptcy court rulings, which could affect the assets of the estate.

To register for the Receivables Management Association International webinar, click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. He currently serves as chair of the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.