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Bender v. Elmore & Throop, P.C.

The FDCPA’s statute of limitations requires consumers to file suit “within one year from the date on which the violation occurs.” This case presents the question whether that limitations provision bars a consumer from suing to challenge violations that occurred in the prior year when the defendant previously engaged in similar unlawful attempts to collect the same debt that occurred outside the limitations period. The Bureau’s brief argued that consumers are not time-barred from challenging FDCPA violations that occurred in the prior year and that the contrary reading of the statute is inconsistent with its plain language, the weight of case law, and the express purposes of the FDCPA.

Full brief

Bender v. Elmore & Throop, P.C.