Search Results for: fdcpa

The US Supreme Court ruled 8-1 Tuesday that the one-year filing deadline for a Fair Debt Collection Practices Act (FDCPA) lawsuit is determined from when the alleged violation occurs, not when it is discovered. The petitioner in this case, Kevin Rotkiske, was originally sued by debt collectors who received a default judgment after Rotkiske failed [...]

The US Supreme Court ruled unanimously Wednesday in Obduskey v. McCarthy & Holthus LLP that a business is not a “debtor collector” under the Fair Debt Collection Practices Act, except in enforcing security interest under 15 USC §1692f(6). Homeowner and political activist Dennis Obduskey sued law firm McCarthy & Holthus when they attempted to carry out [...]

The US Supreme Court granted certiorari Monday in Rotkiske v. Klemm, a case involving equitable tolling of the statute of limitations under the Fair Debt Collection Practices Act (FDCPA). Kevin Rotkiske incurred credit card debt to Capital One between 2003 and 2005 totaling $1500, which was turned over to Paul Klemm’s law firm for collection. Klemm’s [...]

The Supreme Court began its 2019 term Monday with oral arguments for two cases: Merck Sharp & Dohme Corp. v. Albrecht and Obduskey v. McCarthy & Holthus. In Merck v. Albrecht, the justices must determine whether a state failure-to-warn law claim is pre-empted when the Food and Drug Administration (FDA) has rejected the drug manufacturer’s [...]

The US Supreme Court ruled unanimously in Monday Henson v. Santander Consumer USA, Inc that a company may collect debts that it purchased for its own account without triggering the statutory definition of "debt collector"...

The US Supreme Court heard oral arguments on Tuesday in Kokesh v. Securities and Exchange Commission and Henson v. Santander Consumer USA, Inc. . In Kokesh, the court is asked to decide whether...

The US Supreme Court on Tuesday granted certiorari in three cases. In the three consolidated cases of Ziglar v. Turkmen, Ashcroft v. Turkmen and Hasty v. Turkmen , the court will decide whether government...

The US Supreme Court heard oral arguments Tuesday in two cases. In Sheriff v. Gillie the court heard arguments on whether the special counsel attorneys appointed by the attorney general...

The US Supreme Court ruled 7-2 Tuesday in Marx v. General Revenue Corp. that Federal Rule of Civil Procedure 54(d)(1) allows fees to be awarded in Fair Debt Collection Practices Act (FDCPA) [PDF;...

The US Supreme Court heard oral arguments Wednesday in two cases. The issue in the first case, Already, LLC v. Nike, Inc. , was whether a federal court has Article...