Third Circuit Sets Precedent on FDCPA Statute of LimitationsOn August 6, 2018 by Schnader
Arleigh P. Helfer III published “Third Circuit Sets Precedent on FDCPA Statute of Limitations” as the lead article in On Appeal, the Third Circuit Bar Association’s newsletter.
“When does a federal statute of limitations begin to run? From the violation or the time when the injured party discovers the violation? In Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018), the Third Circuit sitting en banc issued a unanimous opinion that clarified the court’s approach to federal statutes of limitations. Diverging from the approach taken by the Fourth and Ninth Circuits, the court held that the Fair Debt Collection Practices Act’s (FDCPA) one-year statute of limitations is an “occurrence based” provision that does not incorporate a discovery rule but rather runs from the date of the violation. However, the court left open the possibility that the FDCPA’s statute of limitations is subject to equitable tolling in appropriate cases. In addition to this precedential holding, Rotkiske also speaks to appellate strategies that attorneys practicing in the Third Circuit should keep in mind.”