Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

By William Houston Brown, Editor/Adviser Academy for Consumer Bankruptcy Education

Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCA), the Supreme Court held on December 10, 2019, that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged violation occurs, not the date on which the violation is discovered.” Rotkiske v. Klemm, et al., 589 U.S. ___, 2019 WL 6703563 (2019). The limitations statute specifically refers to civil actions being brought “within one . . .

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