Third Circuit Holds Fast on One-Year Statute of Limitations for FDCPA Suits


Last week, the U.S. Court of Appeals for the Third Circuit issued a creditor-favorable ruling that does not allow the “discovery rule” to soften the impact of the Fair Debt Collection Practices Act’s (FDCPA) one-year statute of limitations. The Circuit Court held that any FDCPA suit must be filed within one year of the alleged violation. This case is notable because other circuit opinions on this point have allowed consumers to file lawsuits past the one-year deadline so long as the suit was filed within one year of discovery of the violation.