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The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the doctrine of equitable tolling might apply.

On May 21, 2018 by Schnader in Finance

By Stephen J. Shapiro In a precedential decision diverging from holdings in the Fourth and Ninth Circuits, the United States Court of Appeals for the Third Circuit, sitting en banc, held that the one-year statute of limitations in the FDCPA runs from the date the alleged violation occurs, not from […]

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Third Circuit holds that only “material” representations by a debt collector are actionable under the FDCPA

On July 24, 2015 by Schnader in Finance

By Stephen J. Shapiro Joining a national trend, the United States Court of Appeals for the Third Circuit recently held that a plaintiff must allege more than just a misleading representation to prevail on a claim under the Fair Debt Collections Practices Act (FDCPA). Rather, a plaintiff must allege that the […]

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The Third Circuit Limits the “Benign Language” Exception to the FDCPA Without Endorsing It

On September 3, 2014 by Schnader in Finance

By Stephen A. Fogdall Among other things, the Fair Debt Collection Practices Act prohibits a debt collector from using “any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails.” (The debt collector may include, in addition to its […]

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CFPB and Third Circuit highlight reporting obligations of furnishers of consumer information

On March 11, 2014 by Schnader in Finance

By Monica C. Platt Consumer credit reporting is coming under increased scrutiny, and furnishers should take care to review their reporting policies. In remarks at the Consumer Advisory Board meeting last month, CFPB Director Richard Cordray announced an increased effort by the CFPB to exercise its authority over large credit reporting […]

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