Rotkiske v. Klemm | |
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Argued October 18, 2019 Decided December 10, 2019 | |
Full case name | Rotkiske v. Klemm et al |
Docket no. | 18-328 |
Citations | 589 U.S. ___ (more) 140 S. Ct. 355; 205 L. Ed. 2d 291 |
Case history | |
Prior | Claim dismissed, Rotkiske v. Klemm, No. 15-cv-3638, 2016 WL 1021140 (E.D. Pa. Mar. 15, 2016); affirmed, 890 F.3d 422 (3d Cir. 2018); cert. granted, 139 S. Ct. 1259 (2019). |
Holding | |
The statute of limitations for private rights of action under the Fair Debt Collection Practices Act of 1977 begins to run when the violation occurs, not when the victim discovers it. | |
Court membership | |
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Case opinions | |
Majority | Thomas, joined by Roberts, Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh |
Concurrence | Sotomayor |
Dissent | Ginsburg |
Laws applied | |
Fair Debt Collection Practices Act |
Rotkiske v. Klemm, 589 U.S. ___ (2019), was a decision by the Supreme Court of the United States involving the statute of limitations under the Fair Debt Collection Practices Act of 1977. The Court ruled that the statute of limitations begins one year after the alleged FDCPA violation took place, not one year after the violation was discovered by the plaintiff.[1] This ruling affirmed a decision by the 3rd Circuit Court of Appeals.[2] It is noteworthy for being the first signed opinion released from the 2019 term.[3] It is also noteworthy for resolving a circuit split regarding a major consumer protection law.[4]