FDCPA Violation Statute of Limitations.

Byline: Derek Hawkins

United States Supreme Court

Case Name: Kevin C. Rotkiske v. Paul Klemm, et al.

Case No.: 18-328

Focus: FDCPA Violation Statute of Limitations

The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors who engage in certain prohibited practices. 91 Stat. 881, 15 U. S. C. 1692k(a). An action under the FDCPA may be brought "within one year from the date on which the violation occurs." 1692k(d). This case requires us to determine when the FDCPA's limitations period begins to run. We hold that, absent the application of an equitable doctrine, the statute of limitations in 1692k(d) begins to run on the date on which the alleged FDCPA violation occurs, not the date on which the violation is discovered.

Affirmed

Dissenting: GINSBURG, J., filed an opinion dissenting in part and dissenting from the judgment.

Concurring...