Posts from March 2019.
U.S. Supreme Court Grants Certiorari to Resolve Split over the Statute of Limitations Period under the Fair Debt Collection Practices Act
Posted in Banking and Finance
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.