Argument Day is Here: U.S. Supreme Court Reviews Whether Discovery Rule Applies to FDCPA Claims

This morning, the U.S. Supreme Court will hear oral arguments in the matter of Rotkiske v. Klemm on the issue of whether the "discovery rule" applies to Fair Debt Collection Practices Act (FDCPA) claims. The Court's decision will impact how long consumer plaintiffs have to file FDCPA lawsuits against debt collectors as it will determine when the statute of limitations clock starts ticking.

The FDCPA states that a consumer may file an FDCPA action “within one year from the date on which the violation occurs.” A case arose out of the Third Circuit where the consumer argued that the statute of limitations should begin to run when the violation was discovered by the consumer—hence the name of the discovery rule—rather than when the injury occurred. 


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