Nevada has enacted a new law entitled the “Consumer Protection from the Accrual of Predatory Interest After Default Act,” which relates to consumer form contracts used in connection with retail installment transactions and the prejudgment and postjudgment interest and attorney fees that may be awarded…
Posts published by “Eric Rosenkoetter”
Eric Rosenkoetter is based in Maurice Wutscher’s Austin office. For many years, he has focused his practice on various aspects of financial services law. As a litigation attorney, he has conducted every aspect of the litigation process, including countless depositions, motion proceedings, bench and jury trials, and appeals in various courts. In addition, he has significant experience as a compliance and transactional attorney, providing strategic, business growth, legislative, compliance and regulatory advice to national corporations and trade associations. For example, he has drafted consumer contracts and disclosures designed to state-specific statutory requirements, and developed “Best Practices” guides and state-by-state compliance grids, for national financial services companies. He also conducted research and crafted a metrics report for a national trade association with analysis designed to counter the claims of advocacy groups. Eric’s experience also includes working for a national corporation as Executive Counsel, Chief Compliance and Ethics Officer, and Director of Legislative Affairs, and as a federal lobbyist and Director of Government and Public Affairs for a national financial services trade association. In the government sector, Eric presided over approximately 6,000 state administrative hearings, served as a staff attorney for the Missouri Senate, and handled litigation in 33 counties as a regional managing attorney. Eric frequently speaks to audiences on topics relevant to the financial services industry and related advocacy initiatives.
On June 25, the Illinois Legislature sent Senate Bill 1624 to Gov. J. B. Pritzker. The legislation adds a requirement to Illinois’ data breach notification law to notify the attorney general in the event of certain data breaches. The bill will become law if not…
Texas Enacts Amendments to Data Breach Notification Law; Creates Privacy Protection Advisory Council
Texas Enacts Amendments to Data Breach Notification Law; Creates Privacy Protection Advisory Council
On June 14, Texas Gov. Greg Abbott signed into law House Bill 4390 which amends the notification requirements of Texas’ data breach law and creates an advisory council to study data privacy laws generally. The provisions become effective Jan. 1, 2020. Currently, a person conducting…
On April 30, Washington Gov. Jay Inslee signed into law Substitute House Bill 1531 which places new requirements on medical debt collectors. The new provisions go into effect July 28, 2019. The new law requires medical debt collectors to inform consumers in the initial written…
The Texas Legislature has passed House Bill 996 which limits when a debt buyer can initiate legal action or arbitration to collect consumer debt and requires specific notices with respect to out-of-statute debt. Upon approval by Texas Gov. Greg Abbott, the new provisions will become…
On March 26, West Virginia Gov. Jim Justice approved House Bill 3143 which amends the state’s Consumer Credit and Protection Act. First, current law provides that a Regulated Consumer Lender License is required for: Making regulated consumer loans; or Taking assignments of or undertaking direct…
The U.S. Court of Appeals for the Eleventh Circuit recently ruled that an offer to “resolve” a debt without disclosing its time-barred status may be deceptive or misleading under the federal Fair Debt Collection Practices Act (FDCPA) even in the absence of an express threat…
The U.S. Supreme Court handed down its much-anticipated opinion in Obduskey v. McCarthy & Holthus LLP on March 20, ruling the federal Fair Debt Collection Practices Act does not cover persons engaged in “non-judicial foreclosures” except with respect to a single provision contained in the FDCPA. Colorado,…
A trio of bills currently pending in the New York State Senate would extinguish debt, require licensing and impose additional requirements in collection litigation. New York Senate Bill 691 and Senate Bill 2239 would completely extinguish the right to collect debt arising from a consumer…
Newly introduced legislation in Texas, House Bill 996, addresses when a debt buyer can initiate legal action or arbitration to collect a consumer debt and requires specific notices with respect to out-of-statute debt. “Debt buyer” is defined as “a person who purchases or otherwise acquires a…
The Rhode Island Department of Business Regulation has adopted a record retention rule for debt collectors requiring that virtually all records be retained for a minimum of five years “following the transaction.” Records that must be retained include the following: all audio recordings of contact…
Legislation has been introduced in Illinois and New York that would require debt collectors to provide consumers with specific notices. In New York, Assembly Bill 876 would require the initial written communication to a debtor to include the following: “Debtor’s Rights As a debtor who…