Thought Leadership
By Gabrielle Frieser, a rising third year law student at Harvard Law School and a summer associate at Gerard Fox Law

Court Holds “Discovery Rule” Inapplicable to Fair Debt Collection Practices Act

article-img

The Supreme Court recently ruled in Rotkiske v. Klemm that the statute of limitations under the Fair Debt Collection Practices Act begins when the violation occurs rather than when it is discovered. The FDCPA authorizes civil actions against debt collectors who engage in unfair practices within one year of the violation. Rotkiske argued that the statute incorporates the “discovery rule,” which delays the limitations period until a plaintiff discovers or should have discovered the injury. The Court held that based on the text of the statute, the “discovery rule” does not apply to FDCPA claims.