Two Recent Developments on the Discovery Rule and the FDCPA: Second Circuit Says Discovery Rule Doesn’t Apply, U.S. Supreme Court Agrees to Review the Issue

The age-old question of when the statute of limitations begins to run on Fair Debt Collection Practices (FDCPA) claims seems to be coming to a head. Specifically, we may soon have a definitive answer about whether the clock starts ticking when the violation occurs or when the consumer discovers the violation, also known as the “discovery rule” in common law.

Editor’s Note: Generally, common law applies unless a statute addresses the issue, in which case the statutory law applies.

Two recent developments include (1) the Second Circuit finding that the discovery rule does not apply and (2) the Supreme Court of the United States (Supreme Court) granting a petition for writ of certiorari—a request for the Supreme Court to hear a case—on the same issue.

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