U.S. Supreme Court Finds General Discovery Rule Inapplicable to the SOL for FDCPA Violations
1/16/20
By: Nicole L. Graham In Klemm v. Rotkiske, No. 18-328, 589 U.S. ____ (2019), the United State Supreme Court unanimously agreed there is no blanket discovery rule that, as a matter of statutory interpretation, applies to all cases arising under the Fair Debt Collection Practices Act (“FDCPA”). The majority held that the plain text of…
Eleventh Circuit Holds That Property Manager For Homeowners Association Is Not “Debt Collector” Under The FDCPA
3/7/13
By: Bill Buechner The Eleventh Circuit recently held in a case of first impression that a property management company is not a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). In Harris v. Liberty Community Management, Inc., the property management company (Liberty) was designated in its contract with the homeowners association as the…