Supreme Court of the United States

Kevin C. Rotkiske v. Paul Klemm — Sotomayor, J., Concurring

December 10, 2019140 S. Ct. 355

Summary

Justice Sotomayor concurs with the majority that the FDCPA’s one‑year limitations period begins when the violation occurs, but she emphasizes that a long‑standing fraud‑based equitable discovery rule could toll that period when the plaintiff is unaware of fraudulent conduct. She argues that the Third Circuit improperly forfeited Rotkiske’s claim by not preserving the argument and would vacate and remand for further proceedings.