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Posts published by “Donald Maurice”

Donald Maurice provides counsel to the financial services industry, successfully litigating matters in the state and federal courts in individual and class actions. He has successfully argued before the Third, Fourth and Eighth Circuit U.S. Courts of Appeals, and has represented the financial services industry before several courts including as counsel for amicus curiae before the United States Supreme Court. He counsels clients in regulatory actions before the CFPB, and other federal and state regulators and in the development and testing of debt collection compliance systems. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. In addition to being a frequent speaker and author on consumer financial services law, he serves as outside counsel to RMA International, on the governing Board of Regents of the American College of Consumer Financial Services Lawyers and on the Governing Committee of the Conference on Consumer Finance Law. From 2014 to 2017, he chaired the ABA's Bankruptcy and Debt Collection Subcommittee. For more information, see https://mauricewutscher.com/attorneys/donald-maurice/

FTC: Businesses of All Types Subject to Safeguards Rule

Determining whether your business engages in activities that can trigger coverage is discussed by the Federal Trade Commission in just released guidance entitled “FTC Safeguards Rule: What Your Business Needs to Know.” The Rule applies to many businesses beyond the scope of what are commonly understood to be “financial institutions” and has implications for service providers to covered entities.

7th Cir. Finds Standing on FCRA Privacy Claim, Tosses Case for Lack of Willful Violation or Damages

Federal courts have recently dismissed a number of cases brought by consumers alleging violations of consumer protection law because they lack “standing.” The trend has been hastened by the U.S. Supreme Court’s decision last year in TransUnion LLC v. Ramirez, a case involving the federal Fair Credit Reporting Act.

DC Expands Debt Collection Law to Cover More Creditors, Debt Types

The District of Columbia recently passed legislation to substantially revise its debt collection law on an emergency basis. The amended law became effective Sept. 23, 2021. DC’s debt collection law was first enacted in 1971 and the amendments not only make it more burdensome for debt collectors but also for most financial services companies and other businesses operating in the District who were not previously within the scope of the law.

What You Should Know to Navigate the Troubled Waters of Nevada’s New Medical Debt Collection Legislation

Nevada SB248, which regulates the collection of certain medical debt in the state, becomes effective July 1. The bill, introduced in March 2021, was rushed through the Legislature before it went out of session on June 1. The result is that SB248 is a broken piece of legislation bound to cause harm to medical consumers, the medical collections industry, and health care providers.