Tag Archives: regulatory 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 to Discuss Debt Collection Rulemaking, Pending Legislation in New York

Sept. 7, 2023 — Maurice Wutscher attorney Donald Maurice will discuss rulemaking efforts underway in both New York City and New York State as well as pending legislation that could change the process through which debts are collected in New York at the Credit and Collection News 18th Annual Credit Grantor Consortium in Philadelphia on Sept. 13.

“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 consortium click here.

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.

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.

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’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.

Maurice Wutscher’s Donald Maurice, Brent Yarborough to Discuss Safeguards Rule Compliance at ACA Int’l Convention

July 18, 2022 — Maurice Wutscher attorneys Donald Maurice and Brent Yarborough will demonstrate how small and medium enterprises can economically undertake the necessary steps to come into compliance with the new requirements of the Safeguards Rule at the ACA International Convention & Expo on July 21 in Orlando.

Companies engaged in consumer debt collection have until Dec. 9 to align their data protection programs with recent regulatory amendments to the Safeguards Rule. The rule, first promulgated in 2002 under the Gramm-Leach-Bliley Act, regulates the data privacy practices of financial institutions, which covers debt collectors and debt buyers as well as originating creditors.

In “Get Your Company Ready Today for the New Safeguards Rule,” the panelists will review the procedures and controls covered entities and their vendors must implement to be in compliance. Also joining the panel will be Fred Langston of Critical Insight, Inc.

For more information and to register, 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, representing financial institutions, debt buyers, and law firms.

Maurice Wutscher’s Jessica Lesser, Keith Wier to Discuss Consumer Debt Lawsuits at ACA International Fall Forum

Oct. 29, 2021 — Maurice Wutscher attorneys Jessica Lesser and Keith Wier will discuss consumer debt lawsuits at the ACA International Fall Forum on Nov. 4 in Chicago.

In their talk, “Debt Defense – A View From The Other Side,” Ms. Lesser and Mr. Wier will give an insider’s perspective into how debt suits are defended by consumer attorneys. Their presentation will include practical tips for collection law firms, ethical considerations, and compliance education.

For more information and to register, click here.

Jessica Lesser is a proven civil trial attorney with expertise in the regulatory framework of consumer finance, lending, and technology. A former managing attorney in the Consumer Protection Division of the Office of the Attorney General of Texas, she has two decades of litigation and regulatory compliance experience and is board certified in consumer and commercial law.

Maurice Wutscher’s Jessica Lesser to Discuss Regulatory Enforcement Actions at ACA International Convention

July 14, 2021 — Maurice Wutscher attorney Jessica Lesser will discuss state attorney general and federal enforcement actions impacting creditors and collectors at the ACA International Convention & Expo on July 30 in Las Vegas.

In her talk, “Regulatory Agency Enforcement Actions and Inquiries: As If Lawsuits Weren’t Enough!,” Ms. Lesser will give an insider’s look into regulatory enforcement actions and discuss best practices when dealing with regulators.

For more information and to register, click here.

Based in the Dallas office of national business and financial services law firm Maurice Wutscher LLP, Jessica Lesser is a proven civil trial attorney with expertise in the regulatory framework of consumer finance, lending, and technology. A former managing attorney in the Consumer Protection Division of the Office of the Attorney General of Texas, she has two decades of litigation and regulatory compliance experience and is board certified in consumer and commercial law.

Webinar: Maurice Wutscher’s Brent Yarborough to Discuss Regulation F and Strategies to Mitigate Risk Under the Rule

April 12, 2021 — Maurice Wutscher attorney Brent Yarborough will participate in a panel discussion of Regulation F, the CFPB’s Debt Collection Practices final rule, and how companies can mitigate risk under the rule during a webinar April 16 at 1 pm ET.

Under Regulation F, collection agencies are required to do many things that are “substantially similar” to what the CFPB lays out in the rule. But what does “substantially similar” mean and how are the courts likely to define it?

In this webinar, the panel will share their insights into how “substantially similar” is likely to be defined and how agencies can proactively fight potential lawsuits.

“Why Reg F is Going to Mean More ‘Substantially Similar’ Litigation” is being presented by AccountsRecovery.net. To register for the free 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.

Webinar: Maurice Wutscher’s Jessica Lesser to Discuss Regulatory Enforcement Trends of the State Attorneys General

Feb. 18, 2021 — Maurice Wutscher attorney Jessica Lesser will discuss regulatory enforcement trends of the state attorneys general and current hot topics in enforcement during a webinar on Feb. 24 at 12 pm ET.

Ms. Lesser will explain how to better strategize for the future by looking at the past, how to respond to a government inquiry, and best practices businesses in the receivables management industry can employ to mitigate risk.

The webinar “Agency Enforcement Actions and Attorney General Inquiries – as if Lawsuits Weren’t Enough!” is being presented by Receivables Management Association International and is free for members.

To register, click here.

Webinar: Maurice Wutscher’s Donald Maurice and Eric Rosenkoetter to Discuss Licensing Issues Facing Asset Buyers in 2021

Jan. 20, 2021 — Maurice Wutscher attorneys Donald Maurice and Eric Rosenkoetter will discuss licensing issues facing asset buyers, as well as emerging litigation, regulatory trends and what companies can do to minimize licensing associated risk during a webinar on Jan. 25 at 3 PM ET.

The online event is being presented by ACA International. To register, click here.

Donald Maurice is a partner at Maurice Wutscher LLP. 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.

Eric Rosenkoetter is a principal at Maurice Wutscher LLP. He provides defense and regulatory compliance counsel to financial services companies and advises businesses in data privacy and security matters. He has significant experience as a compliance and transactional attorney, providing strategic, business growth, legislative, compliance and regulatory advice to national corporations and trade associations.

Maurice Wutscher Adds Former Managing Atty of Texas AG’s Consumer Protection Division

Sept. 6, 2019 — National financial services law firm Maurice Wutscher LLP has added Jessica Lesser, a proven civil trial attorney with expertise in the regulatory framework of consumer finance, lending, and technology.

A former managing attorney in the Consumer Protection Division of the Office of the Attorney General of Texas, Ms. Lesser has two decades of litigation and regulatory compliance experience and is board certified in consumer and commercial law. She has a comprehensive knowledge of federal and state consumer protection laws along with the regulatory framework that affects the consumer finance and technologies industries.

Ms. Lesser will practice in the firm’s Consumer Credit Litigation and Regulatory Compliance groups.

She joins Maurice Wutscher’s skilled team of litigators who specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, insurance recovery and advisory services, intellectual property litigation, and regulatory compliance in offices throughout the United States.

As a litigator, Ms. Lesser has extensive motion practice and trial experience. This experience lends itself to a strong success in pre-trial disposition through negotiated settlements, summary judgment, and mediation. She has managed a litigation portfolio of nationwide consumer cases involving auto finance, debt collection, mortgage servicing, lending, credit reporting and data security. She focuses on developing a results-oriented strategy that is specific to the client’s needs.

As managing attorney of the largest regional office in the Consumer Protection Division, she conducted consumer protection investigations and civil enforcement actions for deceptive and misleading practices in connection with financial services, telephone sales, lead generation and debt collection. In addition, she participated in special projects with executive and division management and partnered with federal and state regulators to identify concerns and educate the public regarding consumer scams.

Ms. Lesser has also worked as in-house counsel in the financial services sector, including for a title insurance group, a payments services company, a credit reporting agency, and a leading independent automobile finance company.

Among her roles in the corporate sector, she served as lead counsel for her company’s lender services channel for compliance, commercial transactions, regulatory investigations and litigation; as a Chief Privacy Officer, managing the use, collection, and security of consumer information and data; and as a company representative in regulatory investigations regarding credit reporting, privacy and mortgage servicing.

Ms. Lesser is the former chair of the Texas Board of Legal Specialization Advisory and Exam Commission (Consumer and Commercial Law) and past chair of the Consumer and Commercial Law Section, State Bar of Texas. She is admitted to practice in Texas and in the U.S. District Court for the Northern and Eastern Districts of Texas.

Jessica Lesser may be reached at (469) 828-8106 or via email at [email protected].