On Dec. 10, 2019, the U.S. Supreme Court ruled 8-1 that the one-year filing deadline for Fair Debt Collection Practices Act (FDCPA) lawsuits is determined from when the alleged violation occurs, not when it is discovered. The case was an appeal of the U.S. Court of Appeals for the Third Circuit’s ruling in Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018), where the court found that the statute of limitations starts to run when the defendant violates the FDCPA. This resolution will greatly benefit creditors and those collecting debts for the creditors.

In 2008, a debt collector sued Kevin Rotkiske due to defaulted credit card debt and attempted to serve him at a prior address. At such address, an individual unknown to Rotkiske accepted service on his behalf. As a result, the debt collector eventually withdrew its lawsuit after it was incapable of locating Rotkiske personally.

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