Rotkiske v. Klemm

U.S. Supreme Court

Question(s) Presented

Whether the “discovery rule” applies to toll the one year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily.

Tab Group

Merits Stage

Supreme Court issues favorable 8-1 decision in debt collection case

December 11, 2019

The Supreme Court held that the statute of limitations for Fair Debt Collection Practices Act (“FDCPA”) claims begins to run on the date the alleged FDCPA violation occurs, not the date on which the violation is discovered. Significantly, the Court also rejected a general background discovery rule for federal statutes, explaining that if there are two plausible constructions of a statutory limitations period, the accrual rule governs.

U.S. Chamber files coalition amicus brief arguing, at merits stage, that the Supreme Court should hold that limitations period in the Fair Debt Collection Practices Act begins running when the alleged wrong occurs, not when it is discovered

July 19, 2019

Click here to view the amicus brief filed jointly by the Mortgage Bankers Association and U.S. Chamber of Commerce.

Elaine J. Goldenberg of Munger, Tolles & Olson LLP served as co-counsel for the amici.

Case Documents

Cert. Petition -- Rotkiske v. Klemm (U.S. Supreme Court).pdf

U.S. Chamber, et. al Amicus Brief -- Rotkiske v. Klemm (U.S. Supreme Court).pdf

Opinion -- Rotkiske v. Klemm (U.S. Supreme Court).pdf