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Case Law Summaries

U.S. Supreme Court – FDCPA’s Statute of Limitations

U.S. Supreme Court - Rotkiske v. Klemm, No. 18-328, decided December 10, 2019. The U.S. Supreme Court held that the one year statute of limitations for a civil action under Sec. 1692k(d) of the Fair Debt Collection Practices Act begins to run when the alleged violation occurs, not when the violation is discovered. The Court rejected the petitioner’s argument for a discovery rule to delay the beginning of the limitations period based on his claim that the respondent purposely served process in a manner that ensures he would not receive service. However, the Court stated that it would not supply an absent provision to an unambiguous statute.

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