Legal Opinion

Rotkiske v. Paul Klemm, Esq., Dba Nudelman, Klemm & Golub, P.C.

Court of Appeals for the Third Circuit

Decided May 15, 2018No. 16-1668PublishedCited by 100 opinions

1Opinion of the Court

HARDIMAN, Circuit Judge.

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874 , 15 U.S.C. § 1692 et seq. The Act states that "[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court ... within one year from the date on which the violation occurs." 15 U.S.C. § 1692k(d). The United States Courts of Appeals for the Fourth and Ninth Circuits have held that the time begins to run not when the violation occurs, but when it is…

2Cases cited21 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Ross v. BlakeSupreme Court of the United States · 2016
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Brown v. GardnerSupreme Court of the United States · 1994

16 more not listed; retrieve them via the Exa API.

3Cited by100 opinions

  1. Rotkiske v. KlemmSupreme Court of the United States · 2019
  2. Mary Edmondson v. Eagle National BankCourt of Appeals for the Fourth Circuit · 2019
  3. D. S.-W. v. United StatesCourt of Appeals for the Third Circuit · 2020
  4. Benzemann v. Houslanger & Assocs., PLLCCourt of Appeals for the Second Circuit · 2019
  5. Elaine Levins v. Healthcare Revenue Recovery GrCourt of Appeals for the Third Circuit · 2018

95 more not listed; retrieve them via the Exa API.

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