Attorney obtained summary judgment on behalf of a debt collection law firm and four of its attorneys
Attorney obtained summary judgment on behalf of a debt collection law firm and four of its attorneys. Plaintiff alleged violations of the Fair Debt Collection Practices Act, Pennsylvania Fair Credit Extension Uniformity Act and the Unfair Trade Practices and Consumer Protection Law. Plaintiff alleged violations arising out of the filing of an underlying state court action to collect credit card debt filed by defendant. The court held that any alleged violation arising out of a lawsuit filed to collect on a debt occurs either on the date of the lawsuit is filed or the date the complaint is served. The litigation itself is not a continuing violation. The one-year statute of limitations ran on Plaintiff's FDCPA claim in September of 2003. Plaintiff did not file his FDCPA complaint until August 2005. The court declined to exercise supplemental jurisdiction over the FCEUA and UTPCPL claims.