Tue.Dec 10, 2019

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Supreme Court Rejects Discovery Rule in FDCPA Cases

BN Lawyers

The United States Supreme Court has affirmed the Third Circuit Court of Appeals’ decision in Rotkiske v. Klemm , holding that Section 1692k(d) of the FDCPA “unambiguously sets the date of the violation as the event that starts the one-year limitations period.” The decision overrules cases from multiple circuits that have allowed application of the “discovery rule” in FDCPA cases.