On December 10, 2019, the United States Supreme Court ruled that the one-year statute of limitations for violations of the Fair Debt Collection Practices Act (FDCPA) begins to run when the violation occurs, not when it is discovered by the consumer. The decision, issued in Rotkiske v. Klemm et al., case number 18-328, resolves a split among federal Circuit Courts of Appeals over whether the statute of limitations beings to run from the time an alleged violation occurs, as opposed to when it is discovered. The High Court's refusal to incorporate a discovery rule into the statute is hardly surprising given that the statute provides that claims must be filed "within one year from the date on which the violation occurs." 15 U.S.C. § 1692k(d). Yet the Fourth and Ninth Circuits had held that a discovery rule applied. Only Justice Ginsburg dissented from the ruling.
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