Don Maurice is President of Maurice & Needleman, P.C., whose attorneys specialize in all areas of creditors’ rights and financial services litigation. In nearly 25 years of practice, Don has successfully litigated for the financial services industry in both State and Federal courts. He has provided defense for claims brought under the Truth in Lending Act, Equal Credit Opportunity Act, FDCPA, Fair Credit Reporting Act, New Jersey Consumer Fraud Act, Magnuson-Moss Act and other state consumer lending regulations. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. He has been recognized by Law & Politics Magazine as a New Jersey Super Lawyer in Bankruptcy & Debtor/Creditor Law and as a Corporate Counsel Super Lawyer. His firm has been named a “Go-to Law Firm for the Top 500 Companies,” and a “Go-to Financial Law Firm” by Corporate Counsel Magazine/ALM Publications. He currently serves as vice chair of the Debt Collection Practices and Bankruptcy Subcommittee of the American Bar Association’s Consumer Financial Services Committee, Business Law Section.
The Telephone Consumer Protection Act (TCPA) requires a call placed to a cellular phone using an autodialer to have the prior express consent of the person who received the call, the Eleventh Circuit Court of Appeals held this past Friday in a ruling that went against the creditor defendant.
Last week the Seventh Circuit Court of Appeals issued its opinion in the consolidated appeals of McMahon v. LVNV Funding and Delgado v. Capital Management Services concerning the collection of time-barred debt without the threat of litigation. The result is not good for the credit and collections industry, principally because it further confuses application of the FDCPA across the nation.
Recent remarks from Consumer Financial Protection Bureau Deputy Director Steven Antonakes indicate that the CFPB remains particularly interested in data integrity during debt collection.
A jurist praised by The New York Times for his administration of credit card debt collection cases was recently the subject of a harsh rebuke from a New York appellate court for the same judicial practices.
The CFPB Monday announced that a mortgage lender was assessed a civil monetary penalty of $83,000, arising from illegally splitting real estate settlement fees. The news, though, is that the company self-reported the violation.
JPMorgan Chase Bank, N.A. and certain of its affiliates Thursday entered into a sweeping consent order with the U.S. Office of the Comptroller of the Currency covering its practices for collecting debt, as well as the practices used by its third-party service providers, including collection attorneys.
A federal judge in Pennsylvania has ruled that the TCPA does not apply to debt-collection calls, even calls made to cellular telephones. Noting that Congress enacted the TCPA to address telemarketing, the decision relied upon a portion an Eleventh Circuit Court of Appeals’ decision which stated, “the FCC has determined that all debt-collection circumstances are excluded from the TCPA’s coverage.”
Last week, we reported on a ruling from a federal appeals court that upset an understood balance on the issue of prior express consent concerning autodialed calls and prerecorded messages. Today, ARM legal expert Don Maurice explains the precedent-setting nature of the ruling.
The Federal Trade Commission and the Consumer Financial Protection Bureau announced Monday they have concluded a coordinated “sweep” of mortgage product advertising which resulted in issuing 32 warning letters and commencing 19 enforcement investigations.
When a law firm uses its letterhead to collect debt for its client, it “cannot disclaim the fact that he or she is engaging in the practice of law when using law firm letterhead,” states a recent joint opinion by the New Jersey Committee on the Unauthorized Practice of Law and the Advisory Committee on Professional Ethics.
The opinion, while appearing to be overtly negative for collection attorneys operating in the state, does carry some benefits, especially with regard to FDCPA claims.