Bender v. Elmore & Throop, P.C., No. 19-1325 (4th Cir. 2020)Annotate this Case
The Fourth Circuit vacated the district court's dismissal of plaintiff's complaint alleging claims under the Fair Debt Collection Practices Act (FDCPA). The district court concluded that the entire complaint was time-barred because the more recent violations that plaintiffs alleged were of the "same type" as other violations that occurred outside the one-year limitations period.
The court disagreed with the district court's analysis and held that each violation of the FDCPA gives rise to a separate claim governed by its own limitations period. In this case, plaintiffs have alleged at least two potential violations of the FDCPA that are not barred by the one-year limitations period provided by the Act. Therefore, the court remanded for further proceedings.