Tag Archives: receivables management industry

Maurice Wutscher’s Donald Maurice Named American Bar Foundation Fellow

July 2, 2019 — Maurice Wutscher partner Donald Maurice has been named a Fellow of the American Bar Foundation.

The Fellows of the American Bar Foundation is a global honorary society of attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.

Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are nominated by their peers and elected by the Board of the American Bar Foundation.

Donald Maurice provides counsel to the financial services industry, successfully litigating matters in state and federal courts in individual and class actions. He has argued before various U.S. Circuit Courts of Appeals, and has been retained as counsel for amicus curiae in the U.S. Supreme Court and in the U.S. Circuit Courts of Appeals.

He counsels clients in regulatory matters and in the development and testing of compliance management systems. In addition to being a frequent speaker and author on consumer financial services law, he is outside counsel to Receivables Management Association International and serves on the governing Board of Regents of the American College of Consumer Financial Services Lawyers.

Maurice Wutscher Webinar Series to Examine CFPB’s Notice of Proposed Rulemaking on FDCPA

May 14, 2019 — Maurice Wutscher is hosting a three part webinar series on May 15, May 22 and June 6 examining the Consumer Financial Protection Bureau’s Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act.

Years in the making, the proposed rules bring significant changes to the form and manner of debt collector communications to consumers, credit reporting and litigation activity.

Interested parties will have 90 days from publication in the Federal Register to submit comments to the rules.

The webinars will be presented by Maurice Wutscher attorneys Donald Maurice,Shannon Miller, Eric Rosenkoetter and Brent Yarborough.

On Wednesday, May 15 at 2 pm ET, Part 1 will provide an overview of the NPRM and

the proposals for validation notices. Click here to register.

On Wednesday, May 22 at 2 pm ET, Part 2 will look at communications with consumers under the proposed rules. Click here to register.

On Thursday, June 6 at 2 pm ET, Part 3 will take a closer look at the rules, including potential conflicts with state communication requirements, validation notices, collecting on decedents’ accounts, meaningful attorney involvement, time-barred debt and restrictions on sale. Click here to register.

Members of Receivables Management Association International will receive 1.5 certification credits for completing each webinar.

Maurice Wutscher Attorneys Host Podcast Offering Guidance, Levity on Receivables Compliance

Feb. 14, 2019 — “The Least Sophisticated Podcast” hosted by Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough provides a witty and engaging take on compliance-related matters for the accounts receivable management industry.

In their latest episode, the hosts revisit the cases and regulatory events that shaped the ARM industry in 2018.

Called “The Least Sophisticated Podcast” as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the series is produced by AccountsRecovery.net and sponsored by WebRecon.

The podcast can be accessed for free on iTunes and Google Play. Click here to download episodes.

Episode 17: Looking Back on 2018

In this episode, Brent Yarborough and Eric Rosenkoetter look back on the cases and regulatory events that shaped the ARM industry in 2018. 

Episode 16: Musings and More

Today, Eric Rosenkoetter and Brent Yarborough are talking about a number of topics, including the impact the recent midterm elections will have on the ARM industry, including the proposed debt collection rule from the Bureau of Consumer Financial Protection, recent enforcement actions from the FTC, especially the person writing press releases about those enforcement actions, and how a judge in Texas reacted to losing his election. 

Episode 15: Overshadowing

Still on the topic of collection letters, Brent Yarborough and Eric Rosenkoetter discuss the topic of overshadowing. Plaintiff’s attorneys are parsing and dissecting every word of a collection letter, so what you say and how you say it matter a great deal. What are the dos and don’ts of trying to collect during the validation period and what do you need to say in your letters to be able to do that?

Episode 14: What’s In Your Envelope?

Plaintiff’s attorneys have been targeting collection letters recently, especially the portion of the letter that is intended to identify the creditor to whom the debt is owed. In this episode, Eric Rosenkoetter and Brent Yarborough tackle some of the challenges associated with that identification.

Episode 13: Did You Check That Box?

In this episode, Eric Rosenkoetter and Brent Yarborough welcome noted bankruptcy expert and fellow Maurice Wutscher lawyer Alan Hochheiser. The trio will be talking about the intersection of consumer protection laws, such as the Fair Debt Collection Practices Act, and bankruptcy. As Brent will say in a minute – bankruptcy can be a pretty dangerous place if you don’t know the rules.

Episode 12: Popeye is No Cowboy

Today, Eric Rosenkoetter and Brent Yarborough are talking about a recent decision from the Third Circuit Court of Appeals in which a debt buyer was ruled to meet the definition of a debt collector under the Fair Debt Collection Practices Act. This case has wide-ranging implications for debt buyers and debt collectors and Brent and Eric are going to talk about those, as well as wax nostalgic about the magical powers of spinach.

Episode 11: Dissecting the BCFP’s FDCPA Consent Order

In this episode, Eric Rosenkoetter and Brent Yarborough discuss the Bureau of Consumer Financial Protection’s consent order with National Credit Adjusters and its CEO, Brad Hochstein.

Episode 10: Analyze This

In this episode, Brent Yarborough and Eric Rosenkoetter look at the nomination of Kathy Kraninger to be the next director of the Bureau of Consumer Financial Protection.

Episode 9: CFPB/BCFP Update

Brent Yarborough and Eric Rosenkoetter discuss a number of changes related to the Bureau of Consumer Financial Protection. [Editor’s Note: This podcast was recorded before a new permanent director was nominated for the agency].

Episode 8: State Round-Up With David Reid

David Reid, the director of government affairs and policy for RMA International, joins Eric Rosenkoetter and Brent Yarborough to provide an update about what’s going on at the state level in the ARM industry. David is one of the most respected experts in government affairs and everyone in the industry will benefit from hearing what he has to say.

Episode 7: The Petition to Reshape the TCPA

In today’s episode, Eric Rosenkoetter and Brent Yarborough discuss the petition submitted to the Federal Communications Commission to address the Telephone Consumer Protection Act in the wake of an appeals court decision won by the ARM industry.

Episode 6: LaValee v. Med-1 Solutions

This case is set to be argued before the Seventh Circuit Court of Appeals later this month, but a new wrinkle in the case has raised its profile and importance. Eric Rosenkoetter and Brent Yarborough discuss the case and its potential impact on the ARM industry.

Episode 5: Dorrian v. LVNV Funding

Eric Rosenkoetter and Brent Yarborough discuss an important ruling from the Massachusetts Supreme Judicial Court in which it ruled that a passive debt buyer did not require a state license as a debt collector. The ruling overturns a summary judgment ruling from a lower court in the state which had held that the defendant, LVNV Funding, did need a license under state law to operate as a debt buyer in Massachusetts. The lower court had certified a class action against the defendant.

Episode 4: Understanding the Implications of ACA v. FCC

In this episode, Brent Yarborough and Eric Rosenkoetter from Maurice Wutscher discuss the D.C. Court of Appeals decision in ACA v. FCC. The decision has significant implications for the ARM industry and how they attempt to contact and communicate with individuals; all collection agencies should review their policies and procedures as a result of this ruling.

Episode 3: Taylor v. Financial Recovery Services

Today, Eric Rosenkoetter and Brent Yarborough break down the ruling from the Second Circuit Court of Appeals in Taylor v. Financial Recovery Services. The suit involves the disclosures that are required in collection letters.

Episode 2: On Debt Buyers & Pot Dealers

Eric Rosenkoetter and Brent Yarborough discuss new state laws regulating the collections and debt-buying industries. Injecting humor into the discussion, the attorneys refer to the laws that were enacted last year such as: “The Maine Deforestation Act” (because of all the documentation requirements); “The Oregon Trail Ends In Idaho Without A License Act” (new debt buyer license requirements); “Colorado Where Debt Buyers Are As Cool As Pot Dealers Act” (because Colorado now regulates both); and “The West Virginia Cure for the Wild & Not So Wonderful Act” (on that state’s new bill and particularly the “cure” requirement).

Episode 1: Shark-Infested Safe Harbors

In this episode, Eric Rosenkoetter and Brent Yarborough discuss a number of recent rulings that raise some concerns about the use of safe harbor language in collection letters.

Maurice Wutscher Attorneys to Speak at RMAI Conference

Jan. 23, 2019 — Maurice Wutscher attorneys Alan Hochheiser, Donald Maurice and Shannon Miller will speak on a number of legal topics of interest to the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 5-7.

Mr. Hochheiser will examine current legal issues in the debt buying industry and answer questions regarding best practices for debt buyers.

Mr. Maurice will participate in a talk on the purchase and collection of international debt and give an update on state and federal legislative and regulatory developments for the receivables industry.

Mr. Miller will discuss the status of “meaningful attorney involvement” as well as what it means to be “meaningfully involved” under the Fair Debt Collection Practices Act.

Receivables Management Association International is the nonprofit trade association that represents more than 500 businesses that support the purchase of performing and nonperforming receivables on the secondary market. For more information about the conference, click here.

Maurice Wutscher’s Donald Maurice, Ralph Wutscher to Speak at GCS Credit Community World Conference

Aug. 29, 2018 — Maurice Wutscher attorneys Donald Maurice and Ralph Wutscher will speak on regulatory and digital tech topics impacting international credit and collection businesses at the GCS Credit Community World Conference in Strasbourg, France, Oct. 26-28.

Mr. Maurice, who serves as outside counsel to RMA International, will speak on the digital transformation of credit and collections and moderate a panel discussion on GDPR, which will cover such issues as vicarious liability, roles and responsibilities and government and industry body support.

Mr. Wutscher will participate in a session on “Disruptive Tech in Debt Collection and Financial Services,” discussing the changing behavior of hyper-disruptive business models, the enabling influences of fintech, regtech, cloud accounting and automation, and the evolution of big data.

For more information and to see the agenda, click here.

The Least Sophisticated Podcast Features 2 New Episodes

June 28, 2018 — Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough are continuing their compliance 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 nine episodes so far.

The most recent episode discusses the Bureau of Consumer Financial Protection’s June 13 consent order with a holding company and its affiliated operating entities engaged in consumer lending.  This is the second consent order entered by the Bureau under Acting Director Mick Mulvaney.

Episode 8, “State Round-Up With David Reid,” delves into a discussion on what’s going on at the state level in the ARM industry with one of the most respected experts in government affairs.

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

Maurice Wutscher Attorneys Host Compliance Podcast for ARM Industry

March 29, 2018 — Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough are hosting a new podcast for the accounts receivable management industry, in which they provide a witty and engaging take on compliance-related topics.

Called “The Least Sophisticated Podcast” as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the podcast is produced by AccountsRecovery.net and available for free on iTunes and Google Play or by clicking here.

“I’m thrilled to be providing important information via a new communication channel,” said AccountsRecovery.net’s Mike Gibb. “Brent & Eric do a wonderful job of distilling very important topics into language that anyone – not just compliance experts – can understand and relate to.”

The podcast will be published weekly. Two episodes have been released so far.

The first, “Shark-Infested Safe Harbors,” examines recent court decisions affecting the language collection agencies thought was safe to use in collection letters.

The second episode, “On Debt Buyers & Pot Dealers,” discusses new state laws regulating the collections and debt-buying industries. Injecting humor into the discussion, the attorneys refer to the laws that were enacted last year as:

  • “The Maine Deforestation Act” (because of all the documentation requirements);
  • “The Oregon Trail Ends In Idaho Without A License Act” (new debt buyer license requirements);
  • “Colorado Where Debt Buyers Are As Cool As Pot Dealers Act” (because Colorado now regulates both); and
  • “The West Virginia Cure for the Wild & Not So Wonderful Act” (on that state’s new bill and particularly the “cure” requirement).

Episode three will analyze bills that are currently being considered in state legislatures across the country.

Maurice Wutscher is a nationwide law firm providing defense and regulatory compliance counsel to the financial services industry.

Maurice Wutscher Attorneys to Speak at RMA International Conference

Feb. 1, 2018 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will participate in several panel discussions at RMA International’s annual conference in Las Vegas Feb. 6-8.

Mr. Hochheiser will discuss specialty debt collection laws involving bankruptcy proceedings and offer strategies to protect interests and maximize recoveries when these situations arise.

Mr. Maurice will give a talk on ethics-driven compliance management. He will also discuss regulatory developments surrounding fintech innovations impacting the collection and management of receivables and participate in a session concerning collection industry reform trends at the state and federal levels.

For more information about the conference, click here.

Maurice Wutscher’s Shannon Miller to Review Strategies for ARM Industry in Webinar

Dec. 13, 2017 — Maurice Wutscher attorney Shannon P. Miller will participate in a webinar on Dec. 19 discussing strategies to help collection agencies manage meritless lawsuits.

Presented by AccountsRecovery.net, Mr. Miller will join a panel of attorneys in examining recent rulings relevant to the accounts receivable management industry and how they may impact their operations. Register for the webinar here.

Mr. Miller is based 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.

Maurice Wutscher’s Donald Maurice to Speak at RMA International Executive Summit

July 31, 2017 — Maurice Wutscher attorney Donald Maurice will discuss successful, ethics-driven compliance management tactics for the receivables management industry at the RMA International Executive Summit in Lake Tahoe, Aug. 1-3.

In addition, Maurice will join a panel of speakers in reviewing federal and state legislative and regulatory developments impacting the receivables management industry and how RMA is responding. The panel will also discuss new debt buying laws in Colorado, Maine and Oregon.

Maurice provides counsel to the financial services industry, successfully litigating matters in state and federal courts in individual and class actions. He has argued before various U.S. Circuit Courts of Appeals, and has been retained as counsel for amicus curiae in the U.S. Supreme Court and in the U.S. Circuit Courts of Appeals.

He counsels clients in regulatory matters and in the development and testing of compliance management systems. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to Receivables Management Association and as chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

For more information and to see the agenda, click here.

Webinars to Parse SCOTUS Ruling on Debt Buyer FDCPA Liability Under Henson v. Santander

June 13, 2017 — Maurice Wutscher’s Donald Maurice will participate in two webinars tomorrow discussing debt buyer FDCPA liability under the U.S. Supreme Court’s June 12 ruling in Henson v. Santander Consumer USA Inc.

The Court held that a purchaser of a defaulted debt who then seeks to collect the debt for itself is not a “debt collector” subject to the federal Fair Debt Collection Practices Act (FDCPA).

On June 14 at 12 p.m. ET, Maurice will participate in a webinar offered by the American Bar Association’s Consumer Financial Services Committee and RMA International. To call in to the webinar, click here.

On June 14 at 1 p.m. ET, AccountsRecovery.net will present a webinar in which Maurice will join a panel of defense attorneys to discuss the ruling, what it means for the accounts receivable management industry and what its participants should consider as part of their operations. Register for the webinar here.

Maurice Wutscher’s Donald Maurice to Speak at DBA International Conference

Feb. 2, 2017 — Maurice Wutscher’s Donald Maurice will participate in several panel discussions at DBA International’s annual conference in Las Vegas Feb. 7-9.

Mr. Maurice will give a talk on ethics-driven compliance management. He will also participate in sessions concerning the new federal regulatory environment and concerning legislative and regulatory issues for the debt buying industry at the state and federal levels.

For more information about the conference, click here.