Tag Archives: tcpa litigation

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.

TCPA Webinar to Give Guidance on Use of ATDS Following 9th Circuit Ruling

Oct. 1, 2018 — Maurice Wutscher attorney Donald Maurice will discuss how to properly interpret the Telephone Consumer Protection Act following the Ninth Circuit’s ruling in Marks v. Crunch San Diego, LLC during a webinar Wednesday, Oct. 10 at 11 a.m. PT / 2 p.m. ET.

He will be joined by Abbas Kazerounian of Kazerouni Law Group APC who represented the consumer in Marks, where the principal issue on appeal was whether a text message sending device qualified as an ATDS for TCPA purposes.

In its decision, the Ninth Circuit adopted a broad definition of ATDS under the TCPA, holding that the term automatic telephone dialing system as defined by the federal act includes devices that store telephone numbers to be called, “whether or not those numbers have been generated by a random or sequential number generator.”

The webinar will be presented by the American Bar Association’s Consumer Financial Services Committee. To join the webinar, click here.

TCPA Webinar to Give Guidance on How to Properly Interpret Telephone Consumer Protection Act

Aug. 17, 2018 — Maurice Wutscher attorney Donald Maurice will be among a panel of speakers that will discuss how to properly interpret the Telephone Consumer Protection Act following the D.C. Circuit’s March 2018 ruling on the TCPA during a webinar Wednesday, Aug. 22 from 1-2 p.m., ET.

The recent ruling in ACA International v. FCC has created uncertainty in the courts on how to properly interpret the TCPA, leaving companies uncertain about the guidelines, restrictions and its scope.

During the webinar, a panel of compliance and financial services legal experts will discuss “How To Know What Is and Is Not Allowed Under the TCPA In Your Footprint.”

For more information and to register for the webinar hosted by AccountsRecovery.net and sponsored by TCN, Inc., click here.

Donald Maurice to Discuss TCPA at ABA Winter Meeting

Jan. 5, 2016 — Maurice Wutscher attorney Donald Maurice will moderate a panel discussion regarding the Telephone Consumer Protection Act on Jan. 10 at the ABA’s Consumer Financial Services Committee winter meeting in Park City, Utah.

Panelists will discuss the impact of the FCC’s 2015 Rulings on TCPA litigation and examine recent lawsuits that have been filed against the FCC alleging the Rulings exceeded its authority. For more information about the meeting, click here.

TCPA Webinar Today to Provide Latest Developments

Nov. 17, 2015 — Maurice Wutscher attorney Donald Maurice will join a panel of litigators today at 1 p.m. EST to discuss the latest developments in TCPA litigation since the FCC announced its Declaratory Rulings in July.

Presented by AccountsRecovery.net, the webinar will provide a comprehensive assessment of the legal landscape following this summer’s TCPA ruling.

Click here to register.

Maurice Wutscher Attorneys to Speak at Consumer Financial Services Conference

Nov. 4, 2015 — Maurice Wutscher attorneys will discuss the Telephone Consumer Protection Act, mortgage servicing, and attorney ethics at the Consumer Financial Services Conference at Loyola University Chicago School of Law.

Ernest Wagner will share his experiences in TCPA litigation on Nov. 19. Ralph Wutscher will lead a panel discussion on mortgage servicing issues on Nov. 20 and Donald Maurice will present on attorney ethics for financial services lawyers the same day.

Conference attendees will also hear from other leaders in consumer financial services law on fair lending/HMDA, UDAAP, arbitration, cybersecurity, CFPB regulation of automobile financial services, TRID implementation, the latest on flood and forced-placed insurance regulations, developments in state regulation of debt collection, bankruptcy and credit reporting, debt sales after the Madden decision and more.

The conference is organized by the Conference on Consumer Finance Law. Twelve CLE credits will be provided, including one hour of ethics. To view the conference brochure, click here.

Webinar to Examine FCC’s TCPA Declaratory Rulings

July 13, 2015 — Maurice Wutscher will give a webinar on July 17 on the FCC’s TCPA declaratory rulings, which are expected to have a substantial impact on the financial services industry. The webinar has been rescheduled due to the delay in the release of the package of rulings.

The webinar will examine:

Dialer Technology

What do the rulings say about predictive dialers, preview dialers and future dialing technology? What does the FCC mean what it talks about “capacity” and “calling from a list of numbers?” Can you ever be certain that your equipment is not an ATDS?

Consent

What do the rulings mean for the manner, content or means a businesses must use to obtain prior, express consent to call a customer’s cellphone using an “automated telephone dialing system” or prerecorded message? And who provides the consent?

Revocation of Consent

The rulings allow consent to be withdrawn orally or in writing “through any reasonable means.” The FCC interprets the TCPA as not allowing callers to define the manner in which revocation can occur. We’ll discuss how revocation issues have been litigated and how that litigation will likely evolve as a result of the rulings.

Relief from Liability for Calling Reassigned Numbers

The risks of dialing a reassigned number using an ATDS remain large and it is likely to stay that way given the limited relief provided by the rulings. We’ll explore the “one call” exception and give our take on what role it can play going forward.

“Urgent” Information Calls

ATDS calls that would alert a consumer to certain events get special treatment. We will look at what kind of calls can qualify.

“Dual Purpose” and Telemarketing Calls

The rulings address the content of prior express written consent for “dual purpose” and telemarketing calls as well as whether all forms of prior express written consent obtained before the October 2013 rule change are effective. The rulings’ interpretation of these issues will be of special interest to lenders and loan servicers.

For more information and to register, click here.