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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.

California Imposes SOL Notice Requirement on Debt Collectors; Bans Legal Action on ‘Time-Barred’ Debt

On Aug. 22, the California legislature passed Assembly Bill 1526, relating to the collection of debt that is beyond the statute of limitations for bringing legal action. Since 2014, debt buyers collecting from California residents have been required by Cal Civ Code § 1788.52(d)(2) to…

Arizona Supreme Court Holds Cause of Action on Credit Card Debt Accrues When Payment is Missed in Absence of Acceleration

In a case of first impression, the Arizona Supreme Court recently addressed the question of when the statute of limitations commences on credit card debt that is subject to an optional acceleration clause. A copy of the opinion in Mertola, LLC v. Santos is available at:  Link to…

To the U.S. Supreme Court: Does the FDCPA Apply to Non-Judicial Foreclosure Proceedings?

On June 28, the U.S. Supreme Court granted a Petition for a Writ of Certiorari in Obduskey v. McCarthy & Holthus LLP that presents the question “whether the FDCPA applies to non-judicial foreclosure proceedings.” The borrower in the underlying case defaulted on his home loan…

5th Cir. Holds No Wrongful Foreclosure Without Completed Foreclosure Sale, Substitute Trustee Fraudulently Joined

The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of a mortgagor’s motion for remand because the non-diverse substitute foreclosure trustee was improperly joined in order to defeat diversity jurisdiction. The Fifth Circuit also affirmed the trial court’s summary…

5th Cir. Confirms Lack of Receipt of Foreclosure Notice Not Fatal, Upholds FDCPA Attorney’s Fees Against Borrowers

The U.S. Court of Appeals for the Fifth Circuit recently confirmed that a claim of lack of receipt of a notice of default and intent to foreclose does not establish any defect in foreclosure proceedings, and that borrowers can be liable for attorney’s fees for…

Supreme Court Holds Law Firms’ Use of AG Letterhead Does Not Raise ‘Specter of Consumer Confusion’

In a unanimous decision yesterday, the U.S. Supreme Court held that attorneys retained as independent contractors by the Ohio Attorney General to collect debts owed to the state do not violate the federal Fair Debt Collection Practices Act (FDCPA) when sending collection letters on Attorney…