Tag Archives: FDCPA

Donald Maurice to Speak at Institute on Consumer Financial Services Basics

Sept. 24, 2015 — Maurice Wutscher attorney Donald Maurice will present on the latest issues in consumer bankruptcy and Fair Debt Collection Practices Act litigation at the Sixth Annual National Institute on Consumer Financial Services Basics on Oct. 8-9 in Arlington, VA.

The two-day program provides attorneys with up to 14 CLE credit hours and is presented by the Consumer Financial Services Committee of the American Bar Association’s Business Law Section and the Center for Professional Responsibility.

The institute is designed for attorneys new to consumer financial services law who want to learn from seasoned presenters with decades of practical experience in consumer finance. A classroom approach is used to review the history and background of consumer financial services and cover the fundamental laws that apply. Attendees will hear from regulators, consumer advocates, and industry representatives on the current state of affairs and what is on the horizon.

Key topics will include:

»  History and development of federal and state consumer financial services laws
»  Truth in lending and disclosure requirements
»  Fair lending
»  Financial privacy and credit reporting
»  Data security, fraud prevention, and identity protection
»  Consumer communications: FDCPA, TCPA, TSR, Can-Spam, and others
»  Asset account regulation
»  Installment lending
»  Mortgage origination and servicing
»  UDAAP
»  Litigation and enforcement actions

To learn more about and to register for the program, visit www.shopaba.org/2015consumer.  Colleagues of the program panelists will receive $100 off their non-government registration rate by entering discount code CE15CPDNIVIP at check-out.

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.

Webinar to Explore FDCPA and Estimates of Mortgage Lenders’ Costs

June 24, 2015 — Maurice Wutscher will give a webinar on July 9, exploring the FDCPA and estimates of mortgage lenders’ costs.

Providing statements of the amount due, or of the amount required to cure a default – such as in Notices of Intention to Foreclose, periodic statements, and the like — has become risky for mortgage servicers under a recent ruling from the U.S. Court of Appeals for the Third Circuit.

The ruling, Kaymark v. Bank of America, involved a foreclosure complaint, which included projected fees and costs that had not yet been incurred at the time the complaint was filed. Ultimately the costs were incurred, but the court found that the foreclosure complaint’s inclusion of the projected fees and costs in the amounts due stated a claim for violation of the federal Fair Debt Collection Practices Act (FDCPA).

Kaymark likely impacts what a mortgage servicer can include in periodic statements, Notices of Intent to Foreclose, and other disclosures of amounts due or amounts required to cure a default, at least in the Third Circuit (Delaware, New Jersey, Pennsylvania and the Virgin Islands).

For more information and to register, click here.

Webinar to Examine FDCPA Risks of Collecting Statutory Prejudgment Interest

May 28, 2015 — Maurice Wutscher attorneys Donald Maurice and Thomas R. Dominczyk will give a webinar on June 18, examining the FDCPA risks of collecting statutory prejudgment interest.

According to a decision earlier this month from the Ninth Circuit Court of Appeals, collecting prejudgment interest in California did not violate the Fair Debt Collection Practices Act. The decision, Diaz v Kubler, rejected the debtor’s contention that interest allowed by a California statute could not be collected unless a judgment was first entered.

While the decision brings clarity when collecting prejudgment interest in California, it does not authorize the collection of prejudgment interest under other state statutes.

Absent a federal law controlling the imposition of statutory interest on a debt, these varying state requirements and conditions mean there is no national standard for the collection of prejudgment interest.

The webinar will examine court decisions from around the nation, explore state statutes and answer questions. For more information and to register, click here.

Maurice Wutscher Attorneys Author Articles for The Business Lawyer

May 7, 2015 — Maurice Wutscher’s attorneys have authored articles regarding developments with the TCPA and the FDCPA for the latest issue of The Business Lawyer (Vol. 70, Issue 2).

In “Regulation of Calls Under the TCPA: A Fog of Uncertainty Remains,” Ralph Wutscher and his co-authors discuss FCC rulings on the Telephone Consumer Protection Act and pending petitions before the regulatory commission seeking clarification on what might constitute a TCPA violation.

“Clarification as to what constitutes an ATDS and other issues is still needed, as is demonstrated by the rapid increase in TCPA litigation, the potential uncapped exposure that could threaten and even annihilate a company, and the effect on numerous industries that rely on telecommunications as an integral part of their business,” they write.

Donald Maurice co-authored the article, “Continued Circuit Conflicts Create Uncertainty Under the FDCPA.” The article discusses the divergent decisions of the circuit courts on claims filed under the Fair Debt Collection Practices Act and the challenges facing the credit and collections industry as a result.

Disagreement among the courts involve expired statutes of limitations, the impact of bankruptcy law on FDCPA claims, and more, according to the authors.

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