Rotkiske v. Klemm, No. 16-1668 (3d Cir. 2018)Annotate this Case
Rotkiske accumulated credit card debt in 2003-2005, which his bank referred to Klemm for collection. Klemm sued for payment in March 2008 and attempted service at an address where Rotkiske no longer lived but withdrew its suit when it was unable to locate him. Klemm tried again in January 2009, refiling its suit and attempting service at the same address. Unbeknownst to Rotkiske, somebody at that residence accepted service on his behalf. Klemm obtained a default judgment. Rotkiske discovered the judgment when he applied for a mortgage in September 2014. In June 2015, Rotkiske sued under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 . The district court dismissed the suit as untimely, rejecting Rotkiske’s argument that the Act’s statute of limitations incorporates a discovery rule which “delays the beginning of a limitations period until the plaintiff knew of or should have known of his injury.” The text at issue reads: An action to enforce any liability created by this subchapter may be brought . . . within one year from the date on which the violation occurs, section 1692k(d). The Third Circuit affirmed, based on the statutory text. Congress’s explicit choice of an occurrence rule implicitly excludes a discovery rule.