- Posts by Fred HoenschPartner
Fred is a Partner with PIB Law and focuses his practice on the representation of financial institutions in connection with commercial and business litigation, regulatory and transactional matters.
Prior to joining PIB Law, Fred ...
The United States Supreme Court granted certiorari in Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018), in which the Third Circuit ruled, unanimously en banc, that the Fair Debt Collections Practices Act’s (“FDCPA”) one-year statute of limitations is not subject to an enlargement of time based on the “discovery rule,” but runs from the date of the occurrence. The Third Circuit’s decision is in contrast with the findings of the Ninth and Fourth Circuits, which have determined that the statute of limitations begins to run at the time of the violation’s discovery.
On August 28, 2018, in Young Man Kim et al. v. M&T Bank, Civil Action No. 17-11810 (ES) (MAH), the United States District Court for the District of New Jersey (Hon. Esther Salas, U.S.D.J.) issued a Memorandum and Order granting PIB Law’s motion to dismiss a putative class action filed by multiple plaintiffs against M&T Bank.