News & Analysis as of

Equitable Tolling Fair Debt Collection Practices Act

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

Carlton Fields on

Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Butler Snow LLP

SCOTUS Watch Update: No “discovery rule” for Rotkiske; FDCPA one-year limitations period runs from date of violation.

Butler Snow LLP on

We noted earlier the Supreme Court’s review of the Third Circuit’s decision in Rotkiske v. Klemm regarding the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). Again, this was a case...more

Alston & Bird

Supreme Court Ruling Addresses FDCPA Statute of Limitations

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A&B ABstract: On December 10, 2019, the U.S. Supreme Court held that, absent the application of an equitable doctrine, the one-year statute of limitations for actions against debt collectors under the Fair Debt Collection...more

McCarter & English, LLP

US Supreme Court’s Ruling Favors Debt Collectors In Fair Debt Collection Practices Act Decision

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Rotkiske v. Klemm, 589 U.S. (2019) In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act (“FDCPA”) has one year from the alleged violation to file...more

Jones Day

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

Jones Day on

The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more

Blank Rome LLP

U.S. Supreme Court Rules Statute of Limitations for FDCPA Claim Runs One Year from Alleged Violation, Not Discovery

Blank Rome LLP on

The Supreme Court of the United States (“Supreme Court”) recently affirmed the Third Circuit’s decision holding Fair Debt Collection Practices Act (“FDCPA”) claims are subject to a one-year statute of limitations from the...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Resolves Circuit Split, Applies Occurrence Rule to FDCPA Statute of Limitations

Hinshaw & Culbertson LLP on

Earlier this year, this blog reported on the Supreme Court's grant of certiorari in Rotkiske v. Klemm to resolve a split in circuits on the Fair Debt Collection Practices Act's (FDCPA) statute of limitations. This week, in an...more

Manatt, Phelps & Phillips, LLP

Supreme Court Alert: FDCPA Limitations Period Runs From Violation, Not Discovery

In a victory for common sense, the Supreme Court has ruled, in Rotkiske v. Klemm, that the Fair Debt Collection Practices Act’s statute of limitations begins to run when the alleged FDCPA violation occurs, not when the...more

Ballard Spahr LLP

SCOTUS rules discovery rule does not apply to FDCPA claims

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In an 8-1 decision, the U.S. Supreme Court has ruled in Rotkiske v. Klemm that the FDCPA’s one-year statute of limitations (SOL) runs from the date of the alleged violation and not from a consumer’s discovery of the...more

Locke Lord LLP

U.S. Supreme Court Rejects Application of “Discovery Rule” to Statute of Limitations Under FDCPA, but Leaves Open Possibility of...

Locke Lord LLP on

On December 10, 2019, the United States Supreme Court issued its decision in Rotkiske v. Klemm, holding that, absent application of an equitable doctrine, the statute of limitations for a claim under the Fair Debt Collection...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Rotkiske v. Klemm, et al.

On December 10, 2019, the Supreme Court of the United States decided Rotkiske v. Klemm, et al., No. 18-328, holding that the one-year statute of limitations set out in the Fair Debt Collection Practices Act (FDCPA) begins to...more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Goodwin

Third Circuit Holds Discovery Rule Does not Apply to FDCPA Limitations Period

Goodwin on

On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In...more

Davis Wright Tremaine LLP

Debtors Lose? Third Circuit Rejects “Discovery Rule,” Restricts Period to Assert Federal Debt Collection Actions in Break With...

In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s...more

Tucker Arensberg, P.C.

Creating a Circuit Split Regarding the Fair Debt Collection Practices Act: Rotkiske v. Klemm, — F.3d —, 2018 WL 2209120 (3d Cir....

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The United States Court of Appeals for the Third Circuit issued its opinion in Rotkiske v. Klemm, a unanimous, en banc decision yesterday that creates a clear split with the Fourth and Ninth Circuits. The Third Circuit ruled...more

Hinshaw & Culbertson LLP

Eighth Circuit Concludes that Post-Judgment Actions are not Subject to the FDCPA's Venue Provision and Equitable Tolling does not...

Hageman v. Barton, No. 14-3665, 2016 WL 1212235 (8th Cir. Mar. 29, 2016) - In Hageman v. Barton, the U.S. Court of Appeals for the Eighth Circuit held that registration of a foreign judgment and related garnishment...more

Burr & Forman

Northern District Of Ohio Holds TCPA Claim Not Equitably Tolled And Barred By Statute Of Limitations

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In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more

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