Donald Maurice

_DSF7102

Main Office

5 Walter Foran Blvd., Suite 2007
Flemington, NJ 08822

Phone

(908) 237-4570

Email

dsm@mnlawpc.com

Donald Maurice is President of Maurice & Needleman, P.C., whose attorneys specialize in all areas of creditors’ rights and financial services litigation. In more than 25 years of practice, Don has successfully litigated for the financial services industry in both state and federal courts. He has provided defense in both individual and class action claims brought under the Truth in Lending Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, Fair Credit Reporting Act and various state consumer protection laws. Don also assists clients before the Consumer Financial Protection Bureau and in the development and testing of debt collection compliance systems. He also provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

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, a Business Super Lawyer and 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. In addition to being a frequent speaker and author on consumer financial services litigation, Don serves as vice chair of the Debt Collection Practices and Bankruptcy Subcommittee within the Consumer Financial Services Committee, Business Law Section of the ABA.

Credentials: Admitted to New Jersey, New York and District of Columbia Bars; U.S. District Court: District of New Jersey, Southern District of New York, Eastern District of New York, Western District of Pennsylvania, District of Columbia, District of Colorado; District of Nebraska; U.S. Court of Appeals: Second, Third, Sixth, Eighth, Ninth Circuits; U.S. Supreme Court.

Certifications: American Board of Certification, Creditors’ Rights Specialist.

Education: Boston University (B.A., 1985); Case Western Reserve University (J.D., 1988).

Awards: American Jurisprudence Award in Land Use and Zoning.

Memberships: American Bar Association (Section of Litigation and Business Law); District of Columbia Bar Association; National Association of Retail Collection Attorneys, Chair, Ethical Practices Subcommittee, Member, Amicus Brief Committee.

Counsel for Amicus Curiae: Buchanan v. Northland Group Inc., No. 13-2523 (6th Cir 2014); David Tourgeman v. Collins Financial Services, In, et al., No. 12-56783 (9th Cir 2013); Marx v. General Revenue Corp., No. 11-1175 (U.S. Supreme Court 2012); Ellis v. Solomon & Solomon, P.C., 591 F.3d 130 (2nd Cir 2010).

Publications: “Lessons in Professional Responsibility Compliance,” Business Law Today, April 2014; “Debt Collection and the Telephone Consumer Protection Act (TCPA) 47 U.S.C. § 227,” 19th Annual Consumer Financial Services Institute; “Circuit Conflicts Create Uncertainty for Debt Collectors Under the FDCPA,” with Laurie Lucas and Tomio Narita, The Business Lawyer, Vol. 69, Issue 2, February 2014; “Strained Application of ADA Impacts Debt Collection,” The DBA Magazine, Vol. 3, Issue 1, Spring 2013;  “Say What You Mean: The FDCPA and Problems of Interpretation,” with Laurie Lucas and Tomio Narita, The Business Lawyer, Vol. 68, Issue 2, February 2013; “FDCPA Update: An Industry in Transition,” with Tomio Narita and Laurie Lucas, The Business Lawyer, Vol. 67, Issue 2, February 2012; “Courts Diverge on What Constitutes a ‘Statement of Financial Condition’ in Non-Dischargeability Actions,” American Bankruptcy Institute, Consumer Bankruptcy Committee Newsletter, V. 5, No. 3, July 2007; “Amended Regulation “E” Impacts Collections,” NARCA Newsletter, Second Quarter 2006; “Automobile Lenders Use “Replevins” To Recover Their Collateral,” CU Solutions, Winter 2005; “Prime Time: U.S. Supreme Court Holds Cram Downs Will Pay Interest at Prime Plus (Nothing?),” CU Solutions, Fall 2004; “New Jersey Supreme Court to Motor Vehicle Lessors: Pay for Lessees’ Towing, Storage and Repairs,” CU Solutions, Spring 2004; “Complete Guide to Credit and Collections Law,” Winston, Arthur. Contributing Author, Prentice Hall, 2002. Contributor, “NARCA Collector’s Guide,” 2000; “Truth in Lending Developments, NARCA Newsletter,” Fall 2000; “Unpaid Assessments Not Always Lost When Unit Owners File Bankruptcy, Community Trends,” January 2000; “HO6 Policies in Community Associations, Community Trends,” November 1999.

Speaking Engagements: The Implications of the McMahon Decision, Its Ethical Implications for Lawyers and the CFPB’s and FTC’s Position On Collecting Out of Statute Debt, CFPB and the Regulation of the Practice of Law — Latest Developments, ABA Annual Meeting, September 2014; Ethics and Consumer Debt Collection, Top Litigation Risks for Debt Buyers and How to Avoid Them, DBA International 2014 Executive Summit; Electronic Funds Transfer Act for Debt Collections, Ethical Consequences of Increasing Client Supervision, NARCA 2014 Spring Conference; Assessing the CFPB’s ANPR on Debt Collection Rules, ABA Spring Meeting, April 2014; Telephone Consumer Protection Act Developments, Debt Collection Liabilities Under the Fair Debt Collection Practices Act, Consumer Financial Services Institute, PLI, April 2014; It Seemed Like a Good Idea at the Time: Design of Compliance Processes and Law of Unintended Consquences, Ethics and Debt Buying, DBA International Annual Conference, February 2014; Debt Collection: The CFPB Steps Into the Fray, A Look at the Bureau’s Proposed Debt Collection Rule Making, ABA Winter Meeting, January 2014; Issues in Debt Collection Practices, Attorneys General Education Program Policy Conference on Federalism and State Regulation of Lending, George Mason University School of Law, November 2013; Ethics and Consumer Debt Collection, DBA International Regional Seminar, November 2013; Building a Compliance Management System (Can it Satisfy the CFPB?), NARCA 2013 Fall Conference; Ethics as the Cornerstone of a Compliance Management System, DBA International, August and July 2013; Vicarious Liability in Collections: Can You Be Held Liable?, ACA International Annual Convention, July 2013; The FDCPA Implied Exceptions to Litigation Activity – What the CFPB Doesn’t Want You to Know, NARCA 2013 Spring Conference; Ethics and the Consumer Financial Services Industry, DBA International Regional Meeting, April 2013; Ethics and the Consumer Financial Services Industry, DBA International Regional Meeting, April 2013; Ready or Not, The Consumer Financial Protection Bureau Is On Patrol, CLLA Convention, April 2013; TCPA, Collection and Bankruptcy Issues, Consumer Financial Services Institute, PLI, April and May 2013; Ready or Not, Here Comes the CFPB, DBA International Annual Conference, February 2013; Collection Ethics and FDCPA Compliance, CLLA Fall Meeting, November 2012; Competing in an Environment of Compliance, Michigan Creditors Bar Association, September 2012; When Debtors Attack: Special Issues on Handling Counter-Claims, 3rd Party Claims and Ancillary Claims; Billion Dollar Decisions: Protecting your Client’s Brand, NARCA 2012 Spring Conference; Collection and Bankruptcy Issues, Consumer Financial Services Institute, PLI, April and May 2012; Recent Trends and Class Actions in Financial Services Litigation, DBA International Annual Conference, February 2012; The FDCPA and the Consumer Financial Protection Bureau, The Credit Law Institute and the Conference on Consumer Finance Law, October 2011; The NARCA Professional Code and Attorney Ethics, NARCA 2011 Fall Conference; Strategies for Defending Harassment Claims: Getting Sanctions Awarded in Consumer Litigation, Protecting the Client’s Brand: Developing Compliance Programs to Deal with Today’s Hot Topics, NARCA 2011 Spring Conference; Update on Debt Collection Issues and Developments including Ethics, Conference on Consumer Finance Law, October 2010; Defending Call Volume Cases, NARCA 2010 Fall Conference; Ethical Issues In Consumer Financial Services Litigation, ABA Annual Meeting, August 2010; Defending State Law Claims, ACA International Annual Convention, July 2010; Impact of Jerman v. Carlisle, NARCA 2010 Spring Conference; Bill of Sale & Purchase Agreement Issues, ACA International Teleseminar, February 2010; Cases, Claims and Industry News, ACA International Teleseminar, November 2009; Ethics for Collection Industry Attorneys, NARCA 2009 Fall Conference; Individual Liability & Emotional Distress, ACA International Annual Convention, July 2009; Novel FDCPA Claims; Hot Topics for Asset Purchasers; ACA International Annual Convention, July 2008; Claims Against Collection Attorneys, Litigation Trends Across the Country, NARCA 2008 Spring Conference; Communicating with Debtor’s Counsel, American Bar Association, April 2008; Litigation Privilege and the Fair Debt Collections Practices Act, American Bar Association, August 2007; Evidence for Asset Purchasers, NARCA 2007 Spring Conference; Current Trends in Bankruptcy Law, New Jersey Credit Association, November 2001; Bankruptcy Developments and GLB Privacy Policy, Furniture Marketing Group, July 2001; Coming Revisions to Article 9, New Jersey Credit Association, October 2000. Seminar Lecturer: United Trust Bank, Bankruptcy, 2000 and 2002; Consumer Collections, November 2001; Commercial Lending, April 2003; Automobile Financing Collections, Charter One Auto Finance, May 2002; Bankruptcy, The Trust Company of New Jersey, June 2003.

Webinars: Proofs of Claim on Time-Barred Debt – What are the Risks?, Maurice & Needleman Webinar Series, 2014; The Law and Ethics of Meaningful Attorney Involvement: Recent Rulings and Risk Management, NARCA Webinar, July 2014; TCPA for Mortgage Servicers and Debt Collectors, ABA Housing Finance Monthly Call-In Program, June 2014; Understanding the Guidance from the CFPB’s Supervisory Highlights Report, Maurice & Needleman Webinar Series, 2014; Ethics as the Cornerstone of a Compliance Management System, DBA International, May 2014; The CFPB’s Report on Debt Collection — What Does It Reveal?, Maurice & Needleman Webinar Series, 2014; Breaking Down the Seventh Circuit’s Decision on Collection of Time-Barred Debt, Maurice & Needleman Webinar Series, 2014; Exploring the Latest Trends in FDCPA Litigation, Maurice & Needleman Webinar Series, 2014; A Look Back at 2013’s Developments in Consumer Financial Services Law, Maurice & Needleman Webinar Series, 2014; The CFPB’s Advance Notice of Proposed Rulemaking — A Closer Look at Repositories, Maurice & Needleman Webinar Series, 2014; The Electronic Funds Transfer Act, Maurice & Needleman Webinar Series, 2014; Ethics for Creditors Rights Attorneys, Maurice & Needleman Webinar Series, 2013; Assessing the Impact of the CFPB’s Advance Notice of Proposed Rulemaking, Maurice & Needleman Webinar Series, 2013; Assessing the Impact of the JP Morgan Chase Consent Order – Today and Tomorrow, Maurice & Needleman Webinar Series, 2013; Revealing the TCPA: Realities and Myths of the Telephone Consumer Protection Act, NARCA Webinar, July 2013; Hot Topics in TCPA Litigation, Maurice & Needleman Webinar Series, 2013; Ask the Attorney, insideARM.com Webinar, April 2013; Electronics Fund Transfer Act, NARCA Webinar, April 2013;  What Debt Collectors, Debt Buyers and Collection Lawyers Need To Know about the CFPB Larger Participant Rule and CFPB Exams, Webinar with Ballard Spahr, November 2012; Everything You Need to Know About TCPA Compliance, insideARM.com Webinar, October 2012.

Other: District XIII Ethics Committee (New Jersey), 1994-1995.

Representative Decisions:  Walker v. Asset Acceptance, LLC, 10-cv-04279-JHR-KMW, (D.N.J. Dec. 11, 2013); Rush v. Portfolio Recovery Assocs. LLC, 2013 U.S. Dist. LEXIS 149288, (D.N.J. Oct. 17, 2013); Shetiwy v. Midland Credit Mgmt., 2013 U.S. Dist. LEXIS 135878, (S.D.N.Y. Sept. 20, 2013); Shetiwy v. Midland Credit Mgmt., 2013 U.S. Dist. LEXIS 98450, (S.D.N.Y. July 12, 2013); Fallas v. Cavalry SPV I, LLC, 2013 U.S. Dist. LEXIS 60380, (D.N.J. April 29, 2013); May v. Asset Acceptance LLC, 2013 U.S. Dist. LEXIS 45861, (W.D.N.Y. March 29, 2013); Montalbano v. Cavalry Portfolio Servs., 2013 U.S. Dist. LEXIS 20636 (W.D.Pa. Feb. 15, 2013); Fratz v. Goldman & Warshaw, P.C., 2012 U.S. Dist. LEXIS 148744, (E.D.Pa. Oct. 16, 2012); Walker v. Asset Acceptance, LLC, 2012 U.S. Dist. LEXIS 95128, (D.N.J. July 10, 2012); Skinner v. Asset Acceptance, LLC, 876 F. Supp. 2d 473; 2012 U.S. Dist. LEXIS 89082, D.N.J. June 26, 2012); Bilazzo v. Portfolio Recovery Assocs., LLC, 876 F. Supp. 2d 452; 2012 U.S. Dist. LEXIS 89094, (D.N.J. June 25, 2012); Dunham v. Portfolio Recovery Assoc., LLC., 663 F. 3d 997 (8th Cir. 2011); Peterson v. Portfolio Recovery Assocs., LLC, 2011 U.S. App. LEXIS 11453 (3d Cir. 2011); Shand-Pistilli v. Prof’l Account Servs., 2011 U.S. Dist. LEXIS 64446 (E.D.Pa. June 16, 2011); Ogbin v. GE Money Bank, 2011 U.S. Dist. LEXIS 64735 (D.N.J. June 13, 2011); Perkins v. AT&T Mobility, LLC, 2011 U.S. Dist. LEXIS 16614 (D.N.J. Feb. 17, 2011); Dunham v. Portfolio Recovery Assocs., LLC, 2011 U.S. Dist. LEXIS 14514 (E.D.Ark. Feb. 11, 2011); MBNA Am. Bank, N.A. v. Cohen, 2010 N.J. Super. Unpub. LEXIS 2039 (App.Div. Aug. 18, 2010); Gorbaty v. Portfolio Recovery Assocs., LLC, 355 Fed. Appx. 580 (3d Cir. N.J. 2009) cert. denied, 130 S. Ct. 2116 (U.S. 2010); DiMedio v. HSBC Bank, 2009 U.S. Dist. LEXIS 52238 (D.N.J. June 22, 2009); Dotson v. Portfolio Recovery Assocs., LLC, 2009 U.S. Dist. LEXIS 46903 (E.D. Pa. 2009); Bellco Drug Corp. v. Global Supply Force, Inc., 2008 U.S. Dist. LEXIS 57192 (E.D. Pa. July 24, 2008); Goodman v. Kleiman (In re Kleiman), 2007 Bankr. LEXIS 1763 (Bankr. D.N.J. 2007) aff’d Kleiman v. Goodman (In re Kleiman), 2008 U.S. Dist. LEXIS 6695 (D.N.J. Jan. 30, 2008); Goodmann v. People’s Bank, 2006 U.S. App. LEXIS 31555 (3d Cir. 2006); Fountain v. Giove Law Office, 2006 U.S. Dist. LEXIS 93972 (D.N.J. 2006); Sovereign Bank v. United National Bank, 359 N.J.Super. 534, 821 A.2d 87 (App. Div. 2003); Chemical Bank v. Donald James, 354 N.J.Super. 1, 803 A.2d 1166 (App. Div. 2002).

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