High Court Must Define Meaning of Silence in Debt Collection Case

The U.S. Supreme Court will determine when Congress wanted the clock to start ticking on some Fair Debt Collection Practices Act lawsuits when it hears a dispute between a New Jersey lawyer and a debtor.

The central issue in the Rotkiske v. Klemm case is whether the discovery rule, which states that the statute of limitations only begins in a case when the plaintiff learns of a potential violation, applies to the FDCPA even if the legislation itself does not address the question. Oral arguments are set for Oct. 16.

“Does that silence indicate that Congress doesn’t believe it’s necessary, ...