Consumer wins FDCPA statute of limitations discovery rule appeal
Today, the Ninth Circuit Court of Appeals decided a dispute over the statute of limitations defense under the Fair Debt Collection Practices Act (FDCPA).
Read today’s opinion in Lyons v Michael & Associates.
Watch Consumer Lawyer Dick Rubin Argue the Case
The facts of the case were straightforward: in 2011 a debt collector sued a consumer in a wrong judicial district, in violation of the FDCPA. In 2013, the consumer filed an FDCPA complaint against the collector. The FDCPA complaint was filed more than a year after the collector filed its suit, but less than a year after the consumer was served with the suit.
FDCPA Statute of Limitations
At trial, the collector raised the statute of limitations defense. The statute of limitations generally requires consumers to file FDCPA complaints against collectors within a year after the law was violated.
On appeal, the Ninth Circuit Court of Appeals held that the discovery rule applies to the FDCPA statute of limitations defense.
The Discovery Rule
Under the discovery rule, the statute of limitations does not begin to run until a consumer knows or has reason to know that a violation occurred. Because the consumer was first served with the collector’s suit within a year before she filed her FDCPA complaint, the collector’s statute of limitations defense failed.
This case is a big win for consumers in the Ninth Circuit, which covers Alaska, Washington, Oregon, California, Montana, Idaho, Nevada, and Arizona.
SCOTUS to Decide FDCPA Issue
Today the United States Supreme Court agreed to decide whether special counsel appointed by the Attorney General may mislead consumers by using Attorney General letterhead.
The FDCPA Prohibits Misleading Letters
The Fair Debt Collection Practices Act (aka the FDCPA) prohibits all forms of misleading letters in an attempt to collect a debt. The FDCPA prohibits collectors from falsely claiming to be with the government. However, there’s an exception for state officers.
Read the Sixth Circuit Court of Appeals opinion on appeal.
Read the Supreme Court order granting certiorari.
