Tag Archives: FDCPA

Supreme Court Justices say no to applying the “discovery” rule on FDCPA claims

On December 10, 2019, the Supreme Court of the United States resolved a split among the Circuit Courts of Appeals over whether the one-year statute of limitations of the Fair Debt Collection Practices Act (“FDCPA”) begins to accrue from the time the alleged violation occurs, as opposed to when it is discovered.  The Supreme Court’s … Continue Reading

2nd Circuit Holds “Informational” Letter Sent in Attempts to Comply with REPSA was an Attempt to Collect Debt that Could Violate FDCPA

On August 12, 2015, the Second Circuit revived a putative class action alleging FCI Lender Services Inc. sent notices to mortgage borrowers appearing to initiate debt collections that did not comply with the Fair Debt Collections Practices Act. FCI took over servicing of plaintiff’s and other mortgages from GMAC Mortgage LLC in 2012. Soon after, … Continue Reading
LexBlog