General Counsel Issa Moe weighs in on ruling that resolves circuit court split.
12/19/2019 12:00
Following the long-awaited U.S. Supreme Court opinion in Rotkiske v. Klemm, the case stands to influence future Fair Debt Collection Practices Act litigation.
Earlier this month, the U.S. Supreme Court issued its decision in Rotkiske v. Klemm holding that, “Absent the application of an equitable doctrine, § 1692k(d)’s statute of limitations begins to run when the alleged Fair Debt Collection Practices Act violation occurs, not when the violation is discovered,” ACA International previously reported.
ACA applauds the Supreme Court’s ruling on this issue, as it provides clarity on the nature of the statute of limitations under the FDCPA. It also resolves a circuit split, which can only create more uniformity in FDCPA litigation across the country. ACA supported this case as part of its Industry Advancement Fund by filing an amicus brief with the court.
In comments provided to member firm Hinshaw & Culbertson LLP, Issa Moe, ACA's vice president and general counsel, noted that, “vague interpretations surrounding the [FDCPA] have been problematic for decades, often leading to troublesome and expensive lawsuits that negatively impact the accounts receivable management industry. We appreciate that this decision resolves a circuit split, which can only create more uniformity in FDCPA litigation across the country.”
Read the complete blog by Hinshaw & Culbertson Associate Whitney S. Goldin “U.S. Supreme Court Resolves Circuit Split, Applies Occurrence Rule to FDCPA Statute of Limitations” as well as additional coverage from ACA:
Supreme Court Decides ‘Discovery Rule’ Inapplicable to FDCPA’s Statute of Limitations: ACA International’s latest Members Attorney Program analysis provides a deeper dive into the statute of limitations and the FDCPA. Editor’s note: this content is available for members only.
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