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Posts tagged "Collections FDCPA statute of limitations"

Collections-federal court adopts "continuous violation" theory for FDCPA violation

The Rhode Island federal district court has adopted the "continuous violation" theory to find that an entire alleged series of phone calls falls within the 1 year statute of limtations under the Fair Debt Collections Practices Act to make a claim that such calls violate the Act.  Hockenhull v. Law Office Howard Lee Schiff, 2012 WL 6525504 (D.R.I. Dec. 3, 2012).  /Practice-Areas/Collections-for-Creditors.shtml

Collections-federal court says collections claim governed by R.I. statute of limitations

The federal district court of Rhode Island has dismissed Fair Debt Collection Practices Act claims against a law firm holding that the Rhode Island 10 year statute of limitations applied to debt claims filed in Rhode Island under an "interest-weighting" approach.  The court allowed claims against a debt collection for failing to register as a debt collector under a Rhode Island statute.  Fiorenza v. LVNV Funding, 2012 WL 2562415 (D.R.I. June 29, 2012).  /Practice-Areas/Collections-for-Creditors.shtml