Collector – October 2019 - 42

IAP

ACA's Industry Advancement Program Provides Amicus
Support in Key FDCPA Statute of Limitations Issue
The U.S. Supreme Court will decide whether the "discovery rule" tolls the limitations
period under Section 813(d) of the Fair Debt Collection Practices Act.
By Kari Barber

C

ircuit courts have been at odds
concerning the statute of limitations
as it pertains to actions brought
under the Fair Debt Collection Practices
Act. For example, the Ninth and Fourth
Circuits have both held that the FDCPA
encompasses the discovery rule and allows
consumers to bring claims within one year

42

from the date the consumer discovers or
should have discovered the alleged injury.
These courts have reasoned that precedent
dictates the discovery rule typically applies
broadly across federal statutes, even when
the rule is not contained within a statute's
express provisions. But recently, the Third
Circuit expressly rejected this reasoning and
faulted the Fourth and Ninth Circuits for
"fail[ing] to engage the statutory text."
ACA International's Industry
Advancement Program recently had the
occasion to support the Third Circuit's
position by filing an amicus brief with
the U.S. Supreme Court in support of the
respondents. In Kevin C. Rotkiske v. Paul
Klemm, et al., the consumer sued, claiming
that a previously obtained default judgment
against him was obtained in violation of
the FDCPA. The debt collection action
dated back to 2008, when the agency
initially filed suit but failed to properly
serve the consumer because the agency
attempted service at an address where the
consumer no longer resided. The agency
later withdrew the suit and refiled in 2009.
However, unbeknownst to the consumer,
someone who resided at the consumer's
former address accepted service of the
second complaint filed in 2009. A lien was
subsequently placed on the consumer's
credit report.
Upon discovering the lien six years later,
the consumer sued in the Eastern District
of Pennsylvania, alleging that the default
judgment was obtained in violation of the
FDCPA. The agency moved to dismiss,
raising a statute of limitations affirmative
defense. The district court agreed and
dismissed the lawsuit, finding that the
statutory language controlled, i.e., the

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

Collector – October 2019

Table of Contents for the Digital Edition of Collector – October 2019

President’s Page
Industry News
Best Practices
FYI
Collection Tips
Accessibility From Every Angle
Information Transformation
Calendar
Honor Roll
Education Spotlight
Behind the Name
A.I. is Transforming Compliance. Are You Ready?
What to Watch in 2020
ACA’s Industry Advancement Program Provides Amicus Support in Key FDCPA Statute of Limitations Issue
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – October 2019 - Cover1
Collector – October 2019 - Cover2
Collector – October 2019 - 1
Collector – October 2019 - 2
Collector – October 2019 - 3
Collector – October 2019 - 4
Collector – October 2019 - President’s Page
Collector – October 2019 - Industry News
Collector – October 2019 - 7
Collector – October 2019 - 8
Collector – October 2019 - 9
Collector – October 2019 - Best Practices
Collector – October 2019 - 11
Collector – October 2019 - FYI
Collector – October 2019 - 13
Collector – October 2019 - Collection Tips
Collector – October 2019 - 15
Collector – October 2019 - 16
Collector – October 2019 - 17
Collector – October 2019 - 18
Collector – October 2019 - 19
Collector – October 2019 - Accessibility From Every Angle
Collector – October 2019 - 21
Collector – October 2019 - 22
Collector – October 2019 - 23
Collector – October 2019 - Information Transformation
Collector – October 2019 - 25
Collector – October 2019 - 26
Collector – October 2019 - 27
Collector – October 2019 - 28
Collector – October 2019 - 29
Collector – October 2019 - Calendar
Collector – October 2019 - Honor Roll
Collector – October 2019 - Education Spotlight
Collector – October 2019 - 33
Collector – October 2019 - Behind the Name
Collector – October 2019 - 35
Collector – October 2019 - A.I. is Transforming Compliance. Are You Ready?
Collector – October 2019 - 37
Collector – October 2019 - What to Watch in 2020
Collector – October 2019 - 39
Collector – October 2019 - 40
Collector – October 2019 - 41
Collector – October 2019 - ACA’s Industry Advancement Program Provides Amicus Support in Key FDCPA Statute of Limitations Issue
Collector – October 2019 - 43
Collector – October 2019 - ACA SearchPoint
Collector – October 2019 - Ad Index
Collector – October 2019 - Membership
Collector – October 2019 - 47
Collector – October 2019 - Last Word
Collector – October 2019 - Cover3
Collector – October 2019 - Cover4
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