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SCOTUS to Review Third Circuit Ruling Concerning Tolling of FDCPA Claims

On February 25, 2019, the Supreme Court of the United States granted certiorari in Rotkiske v. Klemm, Case No. 16-1668. The plaintiff there, Kevin Rotkiske, filed suit in June 2015, arguing that the defendant debt collectors violated the Fair Debt Collection Practices Act (FDCPA) in connection with a default judgment obtained in relation to a 2009 collection suit. The district court dismissed the complaint as time-barred, noting the FDCPA’s one year statute of limitations and corresponding jurisprudence providing that the claim accrues from the date of the alleged violative act. Rotkiske appealed, citing conflicting law from the Fourth and Ninth circuits suggesting that the discovery rule did apply to FDCPA claims. The Third Circuit, following en banc review, affirmed the district court dismissal and rejected application of potentially conflicting jurisprudence.   

The Supreme Court review here could have a substantial impact on the ability of claimants to protract or extend the relatively short limitations period of the FDCPA. In all likelihood, arguments will be heard on this matter in the Fall 2019 Supreme Court term. 

Copies of the lower court opinions can be accessed through the Supreme Court’s docket here

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