Tag Archives: FCRA

Maurice Wutscher’s Donald Maurice to Chair New York City Bar’s Consumer Financial Law Institute

April 10, 2025 — Maurice Wutscher partner Donald Maurice on May 5 will chair the Consumer Financial Law Institute hosted by the New York City Bar Association at its offices in New York.

Maurice Wutscher is sponsoring this CLE event, which will bring together industry leaders and regulators to discuss trends and developments in consumer financial law, including a look at the next four years; credit reporting; buy now pay later; cryptocurrency; and more.

The agenda includes:

A Look at the Next Four Years: This panel of financial services attorneys will share their analysis of the second Trump administration and its impact on the consumer protection landscape. The discussion will cover changes at the CFPB, FTC, DOJ, prudential banking regulatory agencies and state regulators and what those changes mean for market participants. Panelists will provide thoughts on how businesses may adapt to a pullback in federal oversight while mitigating the risk of state or private actions.

Credit Reporting Highlights: Unpacking Recent FCRA Related Developments: The CFPB has been very active in the FCRA space with rulemaking and recent enforcement activity. This panel, featuring the President & CEO of the Consumer Data Industry Association (CDIA) and a representative from FTI Consulting, will discuss what these developments mean for institutions and how they can best be prepared operationally going forward.

Charting the Future of Buy Now Pay Later: The President & CEO of the Financial Technology Association and other industry leaders from WebBank, Block and Zip will speak about innovations in the BNPL space and its regulatory environment. The panel will touch on the pay-in-four nature of the product, including modernized credit reporting that accurately captures BNPL data.

Cryptocurrency: In light of the current regulatory environment, with federal regulation and enforcement of cryptocurrency waning, New York’s comprehensive licensing and regulatory efforts are drawing more attention. The panel, which includes the Deputy Superintendent of Virtual Currency at the New York State Department of Financial Services, will discuss regulation of crypto platforms and recent developments.

Protecting Consumers in the Age of the Internet: How the Online Marketplace Challenges Regulators, and Ways to Work Within the Tangled (Worldwide) Web: The Deputy General Counsel, NYC Department of Consumer and Worker Protection, will discuss the online marketplace, the challenges of Communications Decency Act limitations, ever-changing content that requires resource-intensive monitoring, jurisdictional challenges, and even court orders as its own obstacle.

General Business Law 349: How Well Does Our General Consumer Protection Law Serve New Yorkers?: Many are surprised to learn that New York has one of the narrowest consumer protection laws in the country. The CFPB and the FTC have urged New York to expand General Business Law 349’s ban on deceptive business acts and practices. Proposed legislation seeks to dramatically expand GBL 349. A senior staff attorney from Mobilization for Justice will examine the ins and outs of this law and how well it measures up nationally.

The Consumer Financial Law Institute will be held from 9 a.m. to 5:45 p.m. and includes a networking breakfast and luncheon. The institute is open to nonmembers and will provide at least 6.0 hours of CLE. For more information and to register, 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. 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. Mr. Maurice is outside counsel to RMAI and serves as chair of the New York City Bar Association’s Consumer Affairs Committee. He is a regent of the American College of Consumer Financial Services Lawyers and a fellow of the ABA’s American Bar Foundation. 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.

Maurice Wutscher Attorney Shannon Miller to Discuss Best Practices for Data Security at CLE Webinar Course

March 12, 2025 — Maurice Wutscher attorney Shannon P. Miller will discuss best practices for data security in the collections industry during the NBI Live Webinar course, “Keeping Collections Compliant: Communications, Guarding Debtor Data, and More,” on March 19 from 12 pm to 3:15 pm ET.

Presented by the National Business Institute, the course will feature Mr. Miller along with a panel of attorneys who will deliver practical guidance on navigating the evolving landscape of collections rules and consumer protections.

In addition to insight on how to safeguard data and respond to a data breach, the course will cover FDCPA updates and best practices, CFPB enforcement priorities, TCPA and FCRA compliance, and debtor communications.

The course is designed for attorneys, but accountants, collections professionals, and paralegals may also find it valuable.

CLE credits will be provided. For more information and to register, 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.

Maurice Wutscher Attorney Alan Hochheiser to Discuss RBF Industry Compliance Requirements

Feb. 24, 2025 — Maurice Wutscher attorney Alan Hochheiser will speak on regulations and compliance requirements impacting the revenue-based financing industry at the Funders Forum + Brokers Expo in Hollywood, Fla. on Wednesday, March 5.

In this session, Mr. Hochhesier and panel will break down key upcoming regulations and compliance requirements relevant to the RBF industry, including the CFPB’s 1071 data collection rule, California’s APR disclosure requirements, new debt collection regulations, and other forward-looking regulatory topics and potential risks.

For more information and to register for the Funders Forum + Brokers Expo, click here.

Alan Hochheiser is a leading practitioner in the areas of creditors’ rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. He has been named to Thomson Reuters’ list of Ohio Super Lawyers, ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers. He currently chairs the ABA Business Law Section Consumer Bankruptcy Committee.

Maurice Wutscher Attorney Shannon Miller to Discuss Strategies for Trial Attorneys at CLE Webinar Course

Feb. 3, 2025 — Maurice Wutscher attorney Shannon P. Miller will discuss key strategies for trying a case effectively including the secrets of effective opening statements during the NBI Live Webinar course, “The Complete Civil Trial Attorney,” on Feb. 28 from 10 am to 5 pm ET.

Presented by the National Business Institute, the course will feature Mr. Miller along with a panel of seasoned trial attorneys who will reveal critical tactics every trial attorney needs to know.

In addition to a discussion of opening statements, the program will cover trial preparation; evidentiary issues; jury selection; evidence presentation, witness testimony, and objections; cross-examination strategies; and more.

CLE credits will be provided. For more information and to register, click here. Use Promo Code FSPN50A at checkout to get $50 off.

Maurice Wutscher Attorneys Alan Hochheiser, Jake VanAusdall to Present Live CLE Webinar Course on Collections Law Compliance

Jan. 3, 2024 — Maurice Wutscher attorneys Alan Hochheiser and Jake VanAusdall will present a live CLE webinar course, “Collecting Debt: Strategies for Navigating Collections Law Effectively for Paralegals and Associates” on Jan. 9 from 1 to 3:10 pm ET.

Focusing on compliance with the Fair Debt Collection Practices Act and other collection protection laws, the webinar will review the FDCPA and its compliance requirements and restrictions. It will also include a discussion on cybersecurity and data protection for the credit and collection industry. In addition, attendees will learn effective settlement negotiations and how to properly structure repayment agreements. Lastly, there will be a discussion on how to most effectively execute on a judgment and other post-judgment collection tools.

Presented by myLawCLE and the Federal Bar Association, the course will be a valuable tool for those in the collections industry including associates and paralegals.

CLE credits will be provided. Click here to register through myLawCLE or here to register through the Federal Bar Association. Use Promo Code CollectingDebtCLE at checkout for free access to the webinar.

Jacob “Jake” VanAusdall is Senior Counsel in the Nashville office of Maurice Wutscher LLP. He practices in the firm’s Consumer Credit Litigation and Commercial Litigation groups predominantly representing creditors and financial institutions. Jake also has substantial litigation experience representing clients involved in intellectual property, construction, business and bankruptcy matters and represents numerous clients in the revenue-based financing industry. Jake has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2024).

Maurice Wutscher Attorney Shannon Miller to Present at NBI Live Webinar Course on FDCPA Compliance

June 10, 2024 — Maurice Wutscher attorney Shannon P. Miller will give guidance on how to properly comply with the Fair Debt Collection Practices Act during a live video webinar course, “FDCPA Dangers and Other Collections Pitfalls: All the Ways Debt Collectors Mess Up,” on Aug. 13 from 11 am to 6 pm ET.

Presented by the National Business Institute, the course will cover all aspects of collections law including rule updates, post-judgment collections, fraudulent transfers, and more. Along with a deep dive into the FDCPA, the TCPA, FCRA, and UDAAP will be discussed.

Attendees will learn the most common mistakes that even expert debt collectors make; the rules regarding third-party disclosures; what to avoid when writing debtor notices and requests for collections; the usage of “Mini-Miranda” warnings and how they’re properly used in collections; and what could be false, deceptive, and/or misleading representations when reaching out to debtors.

CLE and CPE credits will be provided. For more information and to register, clickhere. Use Promo Code FSPN50A at checkout to get $50 off.

Maurice Wutscher’s Shannon Miller Discusses Credit Reporting Agencies’ New Policy on Treating Medical Debt in Westlaw Today

March 29, 2022 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Seeing medical debt in a new light, credit reporting agencies announce major change in how they will treat, report medical debt,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses a statement from the three major credit reporting agencies that they are changing the way they will treat medical debt, with some of the changes to take effect this summer.

“Significantly, starting July 1, 2022, defaulted medical debt placed for collections and which has subsequently been paid will no longer be included in a consumer credit report issued by the three nationwide consumer reporting agencies…, diverging from what is permitted under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, which allows for delinquent accounts to be reported for up to seven years, whether it has been paid or not,” he writes.

To read the full article, 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 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 Donald Maurice to Discuss Trends and Developments in Consumer Finance Class Actions

Sept. 9, 2020 — Maurice Wutscher attorney Donald Maurice will participate in a panel discussion of recent and emerging trends and developments in consumer finance class action claims alleging violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA) during a live CLE webinar on Sept. 16.

Mr. Maurice and panelists will review the impact of recent Supreme Court decisions and discuss strategies and approaches for pursuing or defending these claims along with issues of standing, statutory damages, the burden of proof, causation, and more.

The webinar is being presented by Strafford and will also offer a recorded version. Click here to register for the live webinar at 1 pm ET.

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.

Webinar to Review Credit Reporting Risks in Bankruptcy

Aug. 7, 2015 — Maurice Wutscher will give a webinar for the credit and collections industry on Aug. 19, “Credit Reporting and Bankruptcy – Latest Risks for Furnishers.”

Recent litigation suggests that both the content and the timing of furnished information before, during and after a consumer bankruptcy poses a unique risk to the credit and collections industry. The webinar will explore issues arising from recent litigation and how furnishers can contain their risk and enhance their credit reporting compliance.

For more information and to register, click here.