Supreme Court grants review in Fair Debt Collection Practices Act statute-of-limitations case

The Supreme Court has granted review in Rotkiskie v. Klemm. The question presented in the 8-page (!) petition for a writ of certiorari is

whether the “discovery rule” applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily.

So, put somewhat differently, the question is whether the statute of limitations invariably begins to run on the date that the FDCPA violation occurs or, rather, the "discovery rule" applies in FDCPA cases (in some or all circumstances). The discovery rule provides that a limitations period begins to run "when the plaintiff knows or has reason to know of the injury which is the basis of the action."  Magnum v. Action Collection Serv. Inc., 575 F.3d 935, 940 (9th Cir. 2009) (applying discovery rule in FDCPA suit).

The FDCPA's statute of limitations says 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). 

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