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Debt Collection › Certiorari › Appeals

Orrick, Herrington & Sutcliffe LLP

South Carolina high court will no longer rule on debt collector case

Orrick, Herrington & Sutcliffe LLP on

On April 30, the South Carolina Supreme Court reversed course by declining to issue a ruling on debt-collection practices. The state high court issued an order dismissing the case, ruling that a writ of certiorari was...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

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The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – September 2020

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Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition also highlights the recently updated 50...more

Patterson Belknap Webb & Tyler LLP

Update: Supreme Court Grants Cert to Resolve Circuit Split Regarding Pre-Bankruptcy Seizure

Patterson Belknap Webb & Tyler LLP on

We recently reported on a decision of the United States Court of Appeals for the Third Circuit in favor of a creditor that seized a debtor’s property pre-petition. In In re Denby-Peterson, the Third Circuit sided with the...more

Smith Debnam Narron Drake Saintsing & Myers,...

SCOTUS Set to Decide whether FDCPA’s Statute of Limitations is Tolled by “Discovery Rule”

Smith Debnam Narron Drake Saintsing & Myers,... on

The FDCPA requires that any lawsuit must be brought, if at all, “within one year from the date on which the violation” of the act occurs. 15 U.S.C. § 1692k(d). The US Supreme Court will hear argument this month in Rotkiske v....more

Butler Snow LLP

BizLitNews SCOTUS watch: Rotkiske v. Klemm and whether the “discovery rule” applies to FDCPA’s one-year limitations period.

Butler Snow LLP on

We are keeping an eye on Rotkiske v. Klemm, which is currently pending at the U.S. Supreme Court. This case will likely resolve a circuit split on whether the “discovery rule” applies to toll the one-year statute of...more

Seyfarth Shaw LLP

Statutory Text or Discovery Rule? SCOTUS to weigh in on Rotkiske v. Klemm

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Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations under the Fair Debt Collections Practices Act...more

Dorsey & Whitney LLP

Supreme Court to Resolve Circuit Split on FDCPA Statute of Limitations

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The U.S. Supreme Court recently granted certiorari to resolve a split among the federal circuit courts of appeal as to when the statute of limitations begins to run for the Fair Debt Collection Practices Act. The Supreme...more

Goodwin

Supreme Court to Hear Appeal on FDCPA Statute of Limitations

Goodwin on

On February 25, 2019, the United States Supreme Court accepted appeal from the Third Circuit’s decision in Rotkiske v. Klemm et al., No. 16-1668 (3d Cir. May 15, 2018). The Court is now primed to answer whether the Fair Debt...more

Holland & Knight LLP

Supreme Court Grants Certiorari in Case That Could Increase FDCPA Litigation

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The U.S. Supreme Court on Feb. 25, 2019, granted certiorari in a Fair Debt Collection Practices Act (FDCPA) case involving a legal issue that could dramatically expand the scope of FDCPA liability. The case, Rotkiske v....more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

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The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Hinshaw & Culbertson LLP

U.S. Supreme Court Agrees to Resolve Circuit Split on When the Limitations Period for FDCPA Claims Should Start

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As we predicted last year, the United States Supreme Court earlier this week granted Plaintiff's petition for certiorari in Rotkiske v. Klemm to resolve a split in the circuits on whether the statute of limitations for a Fair...more

Ballard Spahr LLP

U.S. Supreme Court to Decide Whether Discovery Rule Applies to FDCPA Claims

Ballard Spahr LLP on

The U.S. Supreme Court has agreed to resolve a circuit court split over whether the one-year statute of limitations (SOL) in the Fair Debt Collection Practices Act (FDCPA) runs from the date of the alleged violation or starts...more

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