Tag Archives: consumer credit litigation

Litigation Attorney Jacob VanAusdall Joins Maurice Wutscher in Tennessee

Jake VanAusdall

Sept. 12, 2022 — National business and financial services law firm Maurice Wutscher LLP has added Tennessee attorney Jacob “Jake” VanAusdall to practice in the firm’s Consumer Credit Litigation and Commercial Litigation groups where he will predominantly represent financial institutions.

He also has substantial litigation experience representing clients involved in intellectual property, construction, contract, and business disputes. Before joining Maurice Wutscher, he worked for a boutique civil litigation firm in the Nashville, Tennessee area where he represented individuals and businesses in a wide variety of litigation and transactional matters.

Mr. VanAusdall has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2022), and is a former member of the Tennessee John Marshall American Inn of Court.

He earned his Juris Doctor from Tulane University School of Law, and his Bachelor of the Arts from the University of Mississippi. He is admitted to practice law in Tennessee and in the U.S. District Courts for the Western, Middle, and Eastern Districts of Tennessee.

Mr. VanAusdall joins Maurice Wutscher’s skilled team of litigators who handle appellate matters, business formation and transactions, class action litigation, commercial, construction, consumer credit and employment litigation, contested bankruptcies and foreclosures, data privacy and security law and compliance, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings from offices throughout the United States.

Jake VanAusdall may be reached at (615) 274-8717 or via email at [email protected].

Maurice Wutscher’s Kevin Hudspeth Discusses FACTA Expiration Date Claims in Business Law Today

May 8, 2020 — Maurice Wutscher attorney Kevin Hudspeth has written an article for the American Bar Association’s news magazine Business Law Today in which he discusses FACTA expiration date claims and whether including expiration dates on sales receipts constitutes willful noncompliance.

In “Recklessly Disregarding a Nonexistent Risk of Harm: Does Including the Expiration Date on Electronically Printed Receipts Constitute Willful Noncompliance under FACTA?,” Mr. Hudspeth writes, “The Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. § 1681 et seq., prohibits merchants from including, among other information, credit- and debit-card expiration dates on printed receipts. … After this provision originally became effective in 2004, plaintiff class-action firms flooded courts with expiration date lawsuits, which courts and others ‘met with varying degrees of contempt.’ …”

“A merchant who violates FACTA in a way that Congress specifically found does not increase the risk of identity theft cannot have recklessly disregarded the nonexistent risk, and it therefore cannot have willfully failed to comply with the act. … State courts forced to hear expiration date claims because federal courts will not exercise jurisdiction over them should dismiss the claims with prejudice at the pleading stage,” he writes.

The Least Sophisticated Podcast Features 3 New Episodes

Aug. 14, 2018 — Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough are continuing their podcast for the accounts receivable management industry, “The Least Sophisticated Podcast.”

Named as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the podcast has released 12 episodes so far.

The latest episode, “Popeye is No Cowboy” discusses a recent decision from the Third Circuit Court of Appeals, which ruled that under the Fair Debt Collection Practices Act a debt buyer meets the definition of a debt collector.

In Episode 11, “Dissecting the BCFP’s FDCPA Consent Order,” the CEO of National Credit Adjusters, Brad Hochstein, joins the podcast to discuss the Bureau of Consumer Financial Protection’s consent order with his company.

Episode 10, “Analyze This,” focuses on Kathy Kraninger’s nomination as the next director of the Bureau of Consumer Financial Protection.

The podcast can be accessed for free on iTunes and Google Play or by clicking here.

Donald Maurice Writes of ‘Erosion of Lawyer Independence’ in Business Law Today Article

Feb. 15, 2016 — Maurice Wutscher’s Donald Maurice writes about “The Erosion of Lawyer Independence” in the current issue of Business Law Today.

In the article, Mr. Maurice examines the CFPB v. Frederick J. Hanna & Associates, P.C., et al., and the implications the decision portends for greater regulatory oversight of attorneys.

“If Hanna is adopted and remains unchallenged, attorneys will have little guidance on how they should proceed in consumer credit litigation. But of greater concern is that Hanna, if it stands, paves the way for federal, executive branch control over how all lawyers can represent their clients,” Maurice writes.

Business Law Today is published by the American Bar Association’s Business Law Section.

Maurice Wutscher Opens Austin Office, Adds Attorney Eric Rosenkoetter

ericrosenkoetterAug. 5, 2015 — National financial services law firm Maurice Wutscher LLP has opened a new office in Austin, hiring financial services attorney Eric Rosenkoetter to lead the firm’s Texas litigation matters in its Austin office.

Mr. Rosenkoetter will practice in the firm’s Commercial Litigation, Consumer Credit Litigation and Regulatory Compliance groups, joining Maurice Wutscher’s skilled team of attorneys focused on defense of the financial services industry in offices throughout the United States.

Mr. Rosenkoetter has substantial experience as a litigation attorney and also brings a solid background as a compliance and transactional attorney for the financial services industry. In that role, he has provided strategic, business growth, legislative, compliance and regulatory advice to national corporations and trade associations. For example, he has drafted consumer contracts and disclosures designed to state-specific statutory requirements, and developed “Best Practices” guides and state-by-state compliance grids, for national financial services companies. He also conducted research and crafted a metrics report for a national trade association with analysis designed to counter the claims of advocacy groups.

Mr. Rosenkoetter’s experience also includes working for a national corporation as executive counsel, chief compliance and ethics officer, and director of legislative affairs, and as a federal lobbyist and director of government and public affairs for a national financial services trade association. In the government sector, he presided over approximately 6,000 state administrative hearings, served as a staff attorney for the Missouri Senate, and handled litigation in 33 counties as a regional managing attorney.

Mr. Rosenkoetter earned his Juris Doctor from Washington University School of Law, and his Bachelor of Business Administration from Southern Methodist University. He is admitted to practice law in Texas and Missouri.

Maurice Wutscher’s Austin office is located at 13785 Research Blvd., Suite 125, Austin, Texas 78750. Eric Rosenkoetter may be reached at (512) 672-7068 or via email at [email protected].