Feds Botched FDCPA Time Limit Rule, Justices Told

Law360 (August 12, 2019, 8:50 PM EDT) -- A man suing a New Jersey law firm over its debt collection practices told the U.S. Supreme Court on Monday that the one-year time limit to file such a claim doesn’t begin until the wrongdoing is discovered, blasting the federal government’s contention that clock starts ticking when the alleged misdeed occurs.

Congress and case law didn’t foreclose on the application of the common law “discovery rule” to the Fair Debt Collections Practices Act, Kevin Rotkiske told the justices in a brief. The sentiments came in a reply to the federal government’s friend-of-court brief in support of attorney Paul Klemm, whose improper...

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