Benzemann v. Citibank N.A.

POOLER, Circuit Judge:

This appeal concerns the Fair Debt Collection Practices Act’s (“FDCPA”) statute of limitations, which provides that FDCPA plaintiffs must file suit “within one year from the date on which the violation occurs.” 15 U.S.C. § 1692k(d). We hold that an FDCPA violation “occurs” within the meaning of Section 1692k(d) when a bank freezes a debtor’s bank account, not when a debt collector sends a restraining notice to the bank.

BACKGROUND

We draw the following facts from Bern zemann’s amended complaint. We accept these facts as true for purposes of our de novo review of the…