THE DISCOVERY RULE: The Judge ruled that the Statute of Limitations (SOL) runs from the date of actual discovery — not when it should have been discovered and certainly not when the violation occurred.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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COURT RULES FDCPA STATUTE OF LIMITATIONS BEGINS
WHEN VIOLATION IS DISCOVERED
On March 27, 2017 a United States District Court Judge denied a request to dismiss a Fair Debt Collection Practices Act case as outside the 1‑year statute of limitations. The essential ruling was that the “discovery rule” applies and that the statute does not begin to run until the plaintiff discovers the alleged violation, rather than from the date of occurrence of the activity that gives rise to the cause…
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