Justices Scratch Heads About When Clock Pauses for FDCPA Suits

The justices of the U.S. Supreme Court sidestepped during oral argument whether the discovery rule applies to the Fair Debt Collection Practices Act and focused on whether plaintiffs should rely on equitable tolling when the one-year statute of limitations has run.

Kevin Rotkiske sued a third-party debt collection firm Klemm & Associates, alleging the firm violated the FDCPA because the firm served the wrong person in its suit over Rotkiske’s credit card debt and subsequently filed a default judgment against him without his knowledge.

The discovery rule allows the clock to start ticking for filing a lawsuit once the claimant ...