Blue Flower

On March 27, a United States District Court judge denied a request to dismiss a Fair Debt Collection Practices Act (FDCPA) case as outside the one-year statute of limitations. The judge held that the “Discovery Rule” applies and that the statute doesn’t 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 of action. 

The case is Skinner v. Midland Funding, LLC (Case No 16-4522, U.S. District Court, ND, IL). A copy of the Memorandum and Order can be found here