Rotkiske v. Klemm

Rotkiske v. Klemm
Supreme Court of the United States
Argued October 18, 2019
Decided December 10, 2019
Full case nameRotkiske v. Klemm et al
Docket no.18-328
Citations589 U.S. ___ (more)
140 S. Ct. 355; 205 L. Ed. 2d 291
Case history
PriorClaim 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
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Case opinions
MajorityThomas, joined by Roberts, Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh
ConcurrenceSotomayor
DissentGinsburg
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]

  1. ^ Rotkiske v. Klemm, No. 18-328, 589 U.S. ___ (2019).
  2. ^ Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018).
  3. ^ Adler, Jonathan (December 10, 2019). "Justice Thomas Beats Out Justice Ginsburg for First Signed Opinion of OT 2019". The Volokh Conspiracy. Retrieved December 10, 2019.
  4. ^ Saltz, Heather (October 16, 2019). "Justices Scratch Heads About When Clock Pauses for FDCPA Suits". Bloomberg News. Retrieved December 10, 2019.