Tag Archives: Compliance

Maurice Wutscher’s Donald Maurice, Keith Wier to Discuss Data Security Issues in Debt Collection at Southwest ACA Conference

Oct. 17, 2023 — Maurice Wutscher attorneys Donald Maurice and Keith Wier will discuss current data security issues impacting debt collection at the 2023 Annual Southwest ACA Conference & Expo on Oct. 25 in Pottsboro, Texas.

In their talk, Mr. Maurice and Mr. Wier will explain the new Texas Data Privacy and Security Act and other recent laws and regulations regulating data and information, which require data breach notifications. They will review what debt types may be exempted and what types may be covered, discuss the minimal requirements a collection agency should have in place and provide an overview of tools and resources available at low or no cost. They will also break down the ins-and-outs of cybersecurity insurance and what agencies should consider when purchasing cyber insurance.

For more information and to register for the Southwest Collectors Association’s annual 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 including data privacy and ethics. As an advocate for the receivables management industry, he has been retained as counsel for amicus curiae in the U.S. Supreme Court and in U.S. Circuit Courts of Appeals, and frequently testifies before state legislatures. He is outside counsel to RMAI, a regent of the American College of Consumer Financial Services Lawyers, and a fellow of the ABA’s American Bar Foundation.

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 Donald Maurice Certified as Leadership Professional in Ethics & Compliance

July 12, 2023 — Maurice Wutscher financial services attorney Donald Maurice has been certified as a Leadership Professional in Ethics & Compliance by the Ethics & Compliance Initiative (ECI). The LPEC designation recognizes Mr. Maurice as having “the requisite, working knowledge to build and sustain thriving E&C programs to the highest possible standard.”

Mr. Maurice has provided counsel to clients and the financial services industry in matters related to ethics and compliance for over 30 years. During that time, he has written and lectured on both lawyer ethics and ethics and compliance for the consumer financial services industry.

Ten years ago, he developed the ethics program that is a core requirement of the Receivables Management Certification Program (RMCP) administered by the Receivables Management Association International (RMAI). The RMCP’s stated mission is to “provide enhanced consumer protections through rigorous and uniform industry standards of best practice.” Often cited as the “gold standard” due to requirements that go above and beyond those required by law, the program certifies collection agencies, debt buying companies, collection law firms, vendors, and brokers.

The Ethics & Compliance Initiative (ECI) is a membership association and research institution that empowers organizations to build and sustain high-quality ethics & compliance programs. It is the leading provider of independent research about workplace integrity, ethical standards, and compliance processes and practices in public and private institutions.

Established in 1922, ECI comprises the two oldest nonprofits in the ethics & compliance industry, the Ethics Resource Center (d.b.a. the Ethics Research Center) and the Ethics & Compliance Officer Association (d.b.a. the Ethics & Compliance Association). ECI identifies the practices that improve ethics and compliance program effectiveness and build institutional culture strength. ECI also has an established track record of providing support to organizations seeking to transform their cultures, often in the wake of significant challenges with noncompliance.

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.

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.

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.