Benzemann v. Houslanger & Associates, PLLC, No. 18-1162 (2d Cir. 2019)Annotate this Case
A Fair Debt Collection Practices Act (FDCPA) violation "occurs," for the purposes of the FDCPA's one‐year statute of limitations, when an individual is injured by the alleged unlawful conduct. The Second Circuit affirmed the district court's grant of summary judgment for defendants on plaintiff's FDCPA claim. The court held that plaintiff's claim was time-barred because plaintiff filed suit one year and one day after Citibank froze his accounts. Furthermore, even if the discovery rule applied to FDCPA claims as a general matter, plaintiff's claim was still time-barred. Finally, plaintiff was not entitled to equitable tolling because he did not diligently pursue his rights.