| Volume 142 Number 96 |
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The People’s Lawyer’s Tip of the Day
Gift cards are one quick way to get through your last-minute holiday shopping list. But before you give (and get) gift cards, here are a few things you need to know. Click here for more.
Model year 2017-19 Ford Super Duty SuperCrew vehicles recalled
Ford Motor Company is recalling nearly 548,000 model year 2017-19 Ford Super Duty SuperCrew vehicles with carpet flooring. A front seat belt pretensioner that deploys during a crash can generate excessive sparks. In some cases, this could ignite the carpet or carpet insulation in the area of the B-pillar which may spread within the vehicle, increasing the risk of injury. Click here for more.
Your Money
When you start a new job, it's customary for your employer to request your checking account information so you can activate direct deposit for your paycheck. Or, in some cases, you'll receive a paper paycheck. But some companies offer a third option: a pay card or payroll card where paychecks are loaded. This method is easier for employers than producing paper checks and can benefit employees as well, although there are potential drawbacks. Click here for more.
For the Lawyers
Supreme Court explains FRDCA statute of limitations. The Supreme Court held that that absent the application of an equitable doctrine, the FDCPA’s statute of limitations begins to run on the date on which the alleged FDCPA violation occurs, not the date on which the violation is discovered. The Court considered whether a discovery rule applies to the FDCPA’s statute of limitations, which provides that actions must be brought “within one year from the date on which the violation occurs,” 15 U.S.C. § 1692k(d). Stating that “the phrase ‘discovery rule’ has no generally accepted meaning,” the Court addressed two concepts—“the application of a general discovery rule as a principle of statutory interpretation and the application of a fraud-specific discovery rule as an equitable doctrine.” The Court held that there is no general discovery rule that applies to all FDCPA cases, refusing to read such a discovery rule into language it considered unambiguous. The Court also recognized that it has applied an equity-based discovery rule in fraud cases. The Court stated, however, that the petitioner could not rely on that equitable doctrine because he had failed to preserve the issue in the court of appeals or raise it in his petition for certiorari. The Court therefore affirmed the court of appeals, which had held that the action was untimely. Rotkiske v. Klemm Click here for more.