Tag Archives: regulatory compliance

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.

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, healthcare and financial services companies nationwide in regulatory and compliance matters.

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.

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 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’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’s Donald Maurice to Discuss CFPB’s Proposed Rules for FDCPA During RMAI Webinar May 13

May 10, 2019 — Maurice Wutscher attorney Donald Maurice will discuss the Consumer Financial Protection Bureau’s Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act during a webinar presented by Receivables Management Association International on May 13 at 12 pm ET.

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.

This webinar is the first in an RMAI series of webinars on the proposed rules; it will provide an outline of the rules and discuss the role RMAI members have in shaping the final rules. Click here to register.

Maurice Wutscher’s Shannon Miller to Give Guidance on Collection Compliance

March 14, 2019 — Maurice Wutscher attorney Shannon P. Miller will offer guidance on how to remain compliant when collecting debt during a seminar “FDCPA and Collection Law” on April 4 in Cherry Hill, NJ.

Presented by the National Business Institute, the full-day seminar will cover all aspects of collection law and compliance including the latest developments with the Fair Debt Collection Practices Act and other consumer protection laws, how to locate assets after judgments, best practices when collecting judgments, bankruptcy’s implications on collection practices and ethical considerations.

Continuing legal education credits will be provided. For more information and to register, click here.

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 Discuss Fintech, Digital Tech, GDPR at GCS Credit Conference

Sept. 28, 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 include Mr. Wutscher as a speaker. The GDPR panel will cover such issues as vicarious liability, roles and responsibilities and government and industry body support.

Mr. Wutscher will also 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, and will speak on a global code of conduct for the credit and collections industry.

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’s Donald Maurice to Speak at NIADA/NABD Convention

June 6, 2018 — Maurice Wutscher attorney Donald Maurice will discuss regulatory developments and compliance strategies in debt collection at the NIADA/NABD Convention & Expo in Orlando, June 18-21.

Mr. Maurice’s breakout session — Top Litigation Risks in Debt Collection — will examine the top risks in servicing BHPH accounts and the rules behind first-party debt collection.

The conference is presented by the National Independent Automobile Dealers Association and the National Alliance of Buy Here, Pay Here Dealers. For more information and to register, click here.