statute of limitations

SCOTUS to Determine When Clock Starts under APA’s Statute of Limitations

By Kristen E. Larson on October 3, 2023

Posted in Debit Cards, Federal Reserve Board, Litigation and Court Decisions, Regulatory and Enforcement

Last Friday, the U.S. Supreme Court agreed to decide when a right of action first accrues for an Administrative Procedure Act (APA) challenge to a final rule issued by a federal agency—when the final rule is issued or when the rule first causes injury.

In April 2021, the North Dakota Retail Association, North Dakota Petroleum Marketers Association and Corner Post, Inc.… Continue Reading

Ninth Circuit confirms discrete actions in debt collection litigation can trigger FDCPA one-year statute of limitations

By John L. Culhane, Jr. & Erik L. Johnson on August 28, 2023

Posted in Debt Collection, Litigation and Court Decisions

A panel of the U.S. Court of Appeals for the Ninth Circuit recently held that because of the timing of a filing in a collection action against a student loan borrower, his claim that debt collectors violated the Fair Debt Collection Practices Act (FDCPA) was not time-barred, reversing the lower court’s dismissal. … Continue Reading

Maryland federal district court rules choice of law provision applies to effect of partial payment on statute of limitations revival in FDCPA lawsuit

By Ballard CFS Group on March 17, 2020

Posted in Debt Collection, Litigation and Court Decisions

A Maryland federal district court, in Jennings v. Dynamic Recovery Solutions LLC, ruled that the effect of a partial payment on revival of the statute of limitations was governed by the law of Delaware, the state designated in the choice of law provision in the plaintiff’s credit agreement, rather than the law of Maryland, the forum state. … Continue Reading