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One Time To Sue: The Case For A Uniform Statute Of Limitations For Consumers To Sue Under The Fair Debt Collection Practices Act, Brianna Gallo
One Time To Sue: The Case For A Uniform Statute Of Limitations For Consumers To Sue Under The Fair Debt Collection Practices Act, Brianna Gallo
Fordham Law Review
In 1977, Congress enacted the Fair Debt Collection Practices Act (FDCPA) in an effort to provide injured consumers with uniform protection against the systematically abusive practices of the debt collection industry. The FDCPA created a private right of action for victims to sue; however, an individual who wishes to bring a private suit under the FDCPA must do so “within one year from the date on which the violation occurs.” The effectiveness of this private right of action has been unsettled due to the circuit split over the meaning of this provision. For many FDCPA violations, the debt collector might …