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Expert Analysis

High Court FDCPA Case Faced Uphill Battle From The Start

By Raymond Kim, Travis Sabalewski and Abraham Colman ( October 21, 2019, 6:11 PM EDT) -- On Oct. 16, the U.S. Supreme Court heard oral arguments in Rotkiske v. Klemm to decide whether the so-called common law discovery rule applies to the one-year statute of limitations of the federal Fair Debt Collection Practices Act.[1] The Supreme Court granted certiorari to address the circuit split between the U.S. Courts of Appeals for the Second and Third Circuits, which held that the discovery rule does not apply, and the U.S. Courts of Appeals for the Fourth and Ninth Circuits, which held that it does apply....

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