Tag Archives: TCPA

Webinar: Maurice Wutscher’s Shannon Miller to Speak on TCPA’s Prerecorded Call Provisions

June 23, 2021 — Maurice Wutscher attorney Shannon P. Miller will discuss the prerecorded call provisions of the Telephone Consumer Protection Act and how they are applied to situations encountered by creditors and collectors during a webinar Monday, June 28 at 1 pm ET.

When it comes to the Telephone Consumer Protection Act, much of the focus is on the use of automatic telephone dialing systems. But there are other areas of the law that can cause legal and compliance problems, including the use of prerecorded messages.

The webinar’s panel will discuss best practices and ways to reduce liability under the TCPA.

“Prerecorded Call Cases Under the TCPA – What You Need to Know” is being presented by AccountsRecovery.net. To register for the complimentary webinar, click here.

Shannon P. Miller is a principal at Maurice Wutscher LLP. He focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation.

Maurice Wutscher’s Donald Maurice Discusses TCPA Revisions, CFPB Validity in RMAI Insights

Oct. 29, 2020 — Maurice Wutscher attorney Donald Maurice recently authored an article published in RMAI Insights discussing the U.S. Supreme Court’s latest decision concerning the federal Telephone Consumer Protection Act (TCPA), as well as constitutional challenges to the Consumer Financial Protection Bureau (CFPB).

RMAI Insights is a publication of Receivables Management Association International.

In “U.S. Supreme Court ‘Fixes’ TCPA; CFPB Survives Constitutional Challenge,” Mr. Maurice writes, “In July, the U.S. Supreme Court found that the federal Telephone Consumer Protection Act’s (TCPA) exemption for calls made to collect debt owed to the federal government violated First Amendment free speech protections afforded by the U.S. Constitution. But rather than scrap the statute, the court eliminated the federal debt exemption.”

Mr. Maurice explains that although many hoped the ruling would have substantially curtailed, or even eliminated, TCPA restrictions, “the court’s decision in Barr v. American Assn. of Political Consultants, Inc. gave commercial speech, and in particular debt collection communications, enhanced constitutional protections.”

Mr. Maurice also delves into current speculation surrounding the validity of the CFPB’s past acts in light of a recent constitutional challenge it faced.

“On June 29, 2020, the U. S. Supreme Court found that because the President can only remove its director ‘for cause,’ the CFPB’s structure was unconstitutional. Although unconstitutional, the court in Seila Law LLC v. Consumer Financial Protection Bureau … ‘fixed’ the structure by allowing the president to remove the director at will. Although the CFPB survives, questions remain concerning whether the CFPB’s acts during the period of its unconstitutional structure are valid. And an answer is not expected until sometime in mid-2021.”

Webinar: Maurice Wutscher’s Donald Maurice to Discuss Trends and Developments in Consumer Finance Class Actions

Sept. 9, 2020 — Maurice Wutscher attorney Donald Maurice will participate in a panel discussion of recent and emerging trends and developments in consumer finance class action claims alleging violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA) during a live CLE webinar on Sept. 16.

Mr. Maurice and panelists will review the impact of recent Supreme Court decisions and discuss strategies and approaches for pursuing or defending these claims along with issues of standing, statutory damages, the burden of proof, causation, and more.

The webinar is being presented by Strafford and will also offer a recorded version. Click here to register for the live webinar at 1 pm ET.

Mr. Maurice provides counsel to businesses and financial services companies, successfully litigating matters in state and federal courts in individual and class actions. He also counsels clients in data privacy and other regulatory compliance matters and provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

Maurice Wutscher’s Thomas Dominczyk to Discuss TCPA After Marks Ruling in RMAI Webinar

March 5, 2019 — Maurice Wutscher attorney Thomas R. Dominczyk will discuss the latest developments in Telephone Consumer Protection Act litigation during an RMAI webinar March 28, at 2 p.m. ET, “Surveying The TCPA Litigation Landscape After Marks.”

The webinar will provide guidance in navigating the current TCPA landscape and address a split in the federal circuit courts on the issue of what kind of telephone equipment qualifies as an ATDS as defined by the TCPA.

Last September the Ninth Circuit in Marks v. Crunch San Diego, LLC adopted a broader definition of an automatic telephone dialing system as defined by the act, holding that an ATDS includes devices that store telephone numbers to be called, “whether or not those numbers have been generated by a random or sequential number generator.”

For more information and to register, 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.

Maurice Wutscher’s Donald Maurice Authors Articles for RMA Insights

May 16, 2018 — Maurice Wutscher attorney Donald Maurice discusses the Telephone Consumer Protection Act as well as a favorable ruling for the debt buying industry in two articles for the spring issue of RMA Insights.

In “DC Circuit Dials Back on FCC’s Broadening of TCPA,” Mr. Maurice discusses the D.C. Circuit’s recent ruling in ACA International v. FCC, et al. on the Federal Communications Commission’s 2015 TCPA order, which, he writes, “created uncertainty and confusion that only multiplied risk and offered little in the way of guidance to companies seeking to comply with the federal law .

Mr. Maurice writes that remarks made by current FCC Commissioner Ajit Pai after the ruling noting that “the 2015 order was overreaching and unlawfully expanded the scope of TCPA risk . . . hopefully reflect that any TCPA rulemaking under Commissioner Pai will provide needed clarity and guidance and put to an end the disturbingly ambiguous guidance that has plagued the TCPA for too long.”

In “Massachusetts Court Rules in Favor of Passive Debt Buyers,” Mr. Maurice explains a recent holding by the Massachusetts Supreme Judicial Court in Dorrian v. LVNV Funding, LLC that passive debt buyers are not required to obtain a state license when all aspects of debt collection activities are handled by a third party.

The ruling was a win for the debt buying industry. It was bolstered by an amicus brief filed by RMA International on behalf of LVNV, supporting the company’s appeal seeking reversal of the lower court’s decision.

In the brief, which was written by Maurice Wutscher attorneys including Mr. Maurice, RMA noted its long-standing work with the Massachusetts Division of Banks and Attorney General concerning the regulation of debt buyers.

Mr. Maurice serves as outside counsel to RMA in addition to representing financial institutions nationwide.

RMA Insights is published by RMA International and is available to members only. For more information, click here.

Maurice Wutscher’s Donald Maurice Discusses TCPA Ruling in American Banker

March 21, 2018 — Maurice Wutscher partner Donald Maurice is quoted in an American Banker article regarding the D.C. Circuit’s recent ruling on the Federal Communications Commission’s 2015 TCPA order.

In ACA International v. FCC, et al., the D.C. Circuit last week vacated parts of the FCC’s TCPA order regarding what types of calling equipment are subject to the TCPA’s restrictions as well as the “one-call safe harbor” rule when calling reassigned numbers. The Court upheld the FCC order’s direction regarding revocation of consent and its exemption for time-sensitive healthcare calls.

In the article, “Will court ruling on robo-calling help or hurt consumers?”, Maurice explained the ruling will now make it easier for businesses to communicate with their customers.

“Banking industry representatives say the court’s ruling won’t lead to increase in robo-calls made to consumers. Instead, banks will simply be smarter about making those calls, and they’ll upgrade their software and employee training because now they know what the rules require, Maurice said.”

“’Banks that have invested or will invest in a robust compliance system will reap some benefit,’ Maurice said.”

Tomorrow at 2 p.m. ET, Maurice will discuss the ruling with a panel of experts during a webinar offered by the American Bar Association’s Consumer Financial Services Committee. To join the webinar, click here.

Webinars to Break Down DC Circuit Ruling on FCC’s TCPA Order

March 16, 2018 — Maurice Wutscher’s Donald Maurice will participate in two webinars next week explaining the D.C. Circuit’s ruling today in ACA International v. FCC, et al. on the Federal Communications Commission’s 2015 order that increased the regulatory breadth of the Telephone Consumer Protection Act.

The Court vacated parts of the FCC’s TCPA order regarding what types of calling equipment are subject to the TCPA’s restrictions as well as the “one-call safe harbor” rule when calling reassigned numbers. The Court upheld the FCC order’s direction regarding revocation of consent and its exemption for time-sensitive healthcare calls.

On March 19 at 2 p.m. ET, AccountsRecovery.net will present a webinar in which Mr. Maurice will join a panel of legal experts to parse 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.

On March 22 at 2 p.m. ET, Mr. Maurice will participate in a webinar offered by the American Bar Association’s Consumer Financial Services Committee for its members. To join the webinar, 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.

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.

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.