Can the FDCPA’s One-Year Statute of Limitations Be Expanded under the “Discovery Rule”? Supreme Court Will Decide

On February 25, the Supreme Court agreed to hear another major case under the Fair Debt Collection Practices Act. The case is an appeal of the Third Circuit’s decision in Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018), where that court held that the FDCPA’s one-year statute of limitations is not subject to enlargement by the “discovery rule.” Under the discovery rule, a court-made doctrine, the statute of limitations for certain claims does not begin to run until a plaintiff becomes aware of the injury giving rise to the claim. The Third Circuit’s Rotkiske decision is at odds with decisions in the Fourth and Ninth Circuits.    

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The FDCPA’s statute of limitations states that a lawsuit may be filed “within one year from the date on which the violation occurs.” 15 U.S.C. § 1692k(d).

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