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

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