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Donald Maurice

President
Maurice & Needleman, P.C.

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.

Recent Posts

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Appeals Decision Supports CFPB-FTC View on Out-of-Statute Debt Collection

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.

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Federal Court Rules All Debt-Collection Calls Exempt from TCPA

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.”

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State Opinion Deems Sending Collection Letters as the Practice of Law

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.