Allegations Brought by a Consumer of Violations of The FDCPA

We represented a debt collector against claims of violation of the Fair Debt Collection Practices Act (“FDCPA”). The consumer argued that the debt collector violated the FDCPA by suing on a time-barred debt. In particular, the consumer argued that a borrowing statute should be applied under the terms of a credit card agreement, such that a shorter statute of limitations than that of the forum state barred claim s to collect a debt. The Portage County Court of Common Pleas dismissed the complaint in its entirety.