Minnesota Law, Presented by Moss & Barnett

Just a few years ago, many in the collection industry were wringing their hands in frustration: the Douglass decision on innocuous information appearing in the windows of envelopes spawned hundreds of class action lawsuits; claims regarding the tax implications of settlements, voicemail message content and call frequency were on the rise; and, lawsuits with collection calls “scripted” by consumer attorneys were being filed nearly every day.  Today, all of these issues are (mostly) in the past as debt collectors focus even more heavily on compliance and a number of positive Court decisions put to rest questionable legal theories upon which these FDCPA cases relied.  However, it is only a matter of time before new theories arise.  In the latest episode of the Debt Collection Drill, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/ and Mike Poncin http://www.lawmoss.com/michael-s-poncin/ explore how the FDCPA landscape shifted and identify ways in which collectors can avoid being caught in the inevitable next wave of FDCPA lawsuits. 

First party and early-out servicing provides an enhanced customer service experience and greater responsiveness for consumers.  These qualities make first party and early-out servicing beneficial for creditors as well as consumers.  However, as the prevalence of this type of servicing increases, consumer attorneys and regulators seek to find ways to apply traditional debt collection laws and statutes to first party and early-out servicing.  In the latest episode of the Debt Collection Drill, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/, Mike Poncin http://www.lawmoss.com/michael-s-poncin/ and Dave Cherner http://www.lawmoss.com/david-d-cherner/ discuss risks for first party and early out servicing arising from the FTC DeMayo Opinion, discuss specific State licensing and disclosure requirements (24 States and jurisdictions may require early-out servicers to obtain a collection agency license) and also address possible CFPB rulemaking to modify the definition of default, as determined by meetings that Mr. Rossman and Mr. Cherner have attended with the CFPB through the Consumer Relations Consortium http://www.crconsortium.org/  

The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators. A prescient article written by Rozanne Andersen in 2011 is the most comprehensive document on the topic of debt collection emails.  New York regulators took the next step toward opening up email to debt collection communication with the rules it published in 2015.  Earlier this year, the CFPB addressed the use of email for debt collection communications in several places in its Outline of Proposed Rules. In the most recent episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin discuss the current legal landscape regarding the use of email for debt collection communication and provide specific steps for collection agencies to begin the use of email to contact consumers.

Tom and Steve will take a look back at our program and how it evolved, share some thoughts on programming highlights, and discuss Steve's take on the show from the perspective of a non-lawyer. On behalf of the 180 employees of Moss & Barnett, here's a salute to WCCO Radio for inviting us to join their family of broadcasters and to express our very special thanks to all of our listeners. We look forward to being with you one last time for "Minnesota Law: The Finale."

This is a best of Minnesota Law that first aired in April 2010. Tom Shroyer hosted Moss and Barnett business attorney Tony Marick on the topic of "Private Equity and Private Placements."

Tom Shroyer hosts Jim Vedder of Moss & Barnett's Family Law Practice Area on the topic of “The Presumptions of Family Law – and How to Challenge Them.”

Tom Shroyer hosts Marcy Frost on “The Independent Contractor Dilemma.”

Tom Shroyer hosts Cass Weil of our Creditors’ Remedies and Bankruptcy Practice Area on the topic of “Choices for a Troubled Business.”

This week's program is a Best of Minnesota Law that first aired in June of 2010. Tom Shroyer hosted Leamington Company CEO Brian Short on the topic of "What Makes Mediation Work."

Tom Shroyer hosts Jim Rubenstein on the subject of “Alternatives to Bankruptcy.”

Tom Shroyer hosts Tom Sheran on the topic of “Health Care Reform Meets the Antitrust Laws.”

This week's show took place at the Minnesota State Fair. Tom Shroyer hosted Ed Winer, Co-Chair of Moss & Barnett's Family Law Practice Area, on the topic of "Attorneys - Friend or Foe?"

Tom Shroyer and Susan Rhode co-host this week's show from the State Fair on Saturday. They welcome in special guest Chief Justice Lorie Gildea.

Susan Rhode hosts Marsha Stolt of Moss & Barnett's Intellectual Property Practice Area on the topic of "What's In A Name? Selecting and Protecting a Trademark" (originally aired on February 21, 2009).

This week's episode is a Best of Minnesota Law. Tom Shroyer hosted Moss & Barnett attorney Matt Kostolnik to disucss the topic of "Trade Secret Law."

John Rossman is in the host chair and joined by David Bateson, Assistant Dean for Student Affairs for the University of St. Thomas School of Law, on the topic of “Should I Go to Law School?”

Susan Rhode is in the studio this week for Tom Shroyer. She hosts this episode and talks on the topic of "Family Law - The Times Are Changing . . . Maybe."

Tom Shroyer and Steve Thomson take this week to discuss “New State Laws in 2012.”

This week's edition is a "Best Of" episode originally broadcasted in December of 2008. Tom Shroyer hosted Mathew Meyer, Moss & Barnett commercial litigation attorney, on the subject of "Mechanics' Lien Law."

Tom Shroyer hosts Dave Jendrzejek of Moss & Barnett's Employment Law and Litigation Practice Areas on the topic of "Are Non-Compete Agreements Legally Enforceable?" (Originally aired on July 19, 2008.)

Tom Shroyer hosts Cindy Ackerman on the topic of “Protecting Our Vulnerable Adults.”

Tom Shroyer hosts Marcy Frost on “The Do’s and Don’ts of Hiring.”

Tom Shroyer is back in the host chair and is joined by Michele Timmons, the Minnesota Revisor of Statutes, on the topic of "Bringing the Law to Citizens: The Minnesota Revisor of Statutes."

Brian Grogan hosts a first-time guest, attorney Pat Zomer, on the topic of “Data Privacy: What’s It to You?”

Tom is joined by attorney Mike Etmund on the topic of Collecting Judgments.

This week, it's a Best of Minnesota Law. We hear an episode from November 2011 with Brain Grogan and Shanna Strowbridge discussing the topic of “Owning Property With Family: The Good, the Bad, and How to Prevent the Ugly.”

Tom Shroyer hosts Curt Smith, Chair of Moss & Barnett’s Litigation Department and Construction Law practice area, on the topic of “Indemnity Clauses: Do They Really Work?”

Tom Shroyer hosts Terese West, of Moss & Barnett’s litigation practice are, on the topic of “Record Retention Requirements.”

It’s the four-year anniversary of the program on WCCO. This Saturday, Moss & Barnett once again partners with the Minnesota State Bar Association – this time to discuss the MSBA’s “Wills for Heroes” Program. Tom Shroyer hosts Tom Rauenhorst (Chair of the MSBA's Probate & Trust Section and a banker with J.P. Morgan) and Susan Link (Program Director of the Wills for Heroes program and an attorney in private practice with the Maslon Edelman Borman & Brand, LLP law firm).

Tom Shroyer hosts Tom Sheran of Moss & Barnett's Business Law and Litigation Practice Areas on the topic of "Anti-Trust Laws in the Internet Age."

Tom Shroyer hosts Jim Rubenstein of Moss & Barnett's Creditors' Remedies and Bankruptcy Practice Area on the topic of “The Power of the Bankruptcy Court – Why Does the Constitution Matter?"

Tom Shroyer hosts Jim Vedder, a shareholder in Moss & Barnett’s Family Law Practice Area, on the topic of “Changes in Parenting Laws.”

John Rossman hosted Mike Etmund of Moss & Barnett's Creditor's Remedies and Bankruptcy Practice Area on the topic of "Reducing Your Property Taxes - Issues and Deadlines." (Originally aired on April 11, 2009.)

Tom Shroyer hosts John Boyle, of Moss & Barnett's Litigation Practice Area on the topic of "When the Love Runs Out for Business Owners".

Tom Shroyer answers your questions about state and federal patent law.

Tom Shroyer hosts Kevin Busch, Moss & Barnett's Chief Operating Officer, a Director serving on Moss & Barnett's Board of Directors, Chair of Moss & Barnett's Banking and Commercial Transactions Practice Area, and a member of Moss & Barnett's Business Law Practice Area, on the topic of "The Language of the Law."

Susan Rhode hosts this week and is joined by Hennepin County Assistant Chief Judge Peter Cahill and two students from Breck’s winning team. They will be discussing the Minnesota State Bar Association’s Mock Trial Program.

Susan Rhode hosts Mathew Meyer of Moss & Barnett's Litigation Practice Area on the topic of "Traveler Beware: The Pitfalls of Cruise Ship Contracts."

Tom Shroyer hosts Jennifer Reusse of Moss & Barnett's Real Estate Practice Area on the topic of "Best Practices for Non-Professional Landlords."

Tom Shroyer hosts Marcy Frost, Chair of Moss & Barnett’s Employment Law Practice Area, on the topic of “Who is Protected by the Family and Medical Leave Act?”

Tom Shroyer hosts Kim Bonuomo of Moss & Barnett's Family Law Practice Area (and a former Captain in the Judge Advocate General's Corps for the U.S. Army) and Major Lyndsey Olson (Deputy General Counsel/Judge Advocate, Minnesota National Guard) on the topic of "Should the Family Law Courts Give Special Protection to Deploying Military Parents?"

Tom Shroyer hosts Minnesota Law presented by Moss & Barnett

Tom Shroyer hosts John Boyle of Moss & Barnett's Litigation Practice Area on the topic of "Escaping a Legal Pandora's Box: Advice to Small Business Owners for Avoiding Being Sued and What to Do If Sued."

Tom Shroyer hosts Cindy Ackerman on “Making Gifts in 2012.”

Tom Shroyer is back in the host chair this week. He hosts Tom Sheran, an antitrust law attorney in our litigation practice area, on the topic of “Can Competition Thrive in the Age of the Internet and E-Commerce?”

John Rossman hosts attorney Steve Marchese, Pro Bono Development Director for the Minnesota State Bar Association, on the topic of “Equal Justice for All.”

Tom Shroyer hosts attorney Leon Erstad on the topic of “Minnesota Lawyers Serving the World.”

Tom Shroyer is back in the host chair as he hosts Paul Zisla of Moss & Barnett's real estate practice area on the topic of “How Zoning Laws Regulate What You Can Do With Your Castle.”

Susan Rhode hosts Jana Aune Deach of Moss & Barnett's family law practice area on the topic of “Is Nothing Secret Anymore? The Use of Social Media in Divorce Litigation.”

Brian Grogan hosts Shanna Strowbridge of Moss & Barnett's real estate and business law practice areas on the topic of “Owning Property with Family – The Good, the Bad and How to Prevent the Ugly.”