Simmonds & Narita, LLP

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California federal district grants motion to dismiss filed by Simmonds & Narita client on claims under the FDCPA and Rosenthal Act based on allegedly improper credit reporting activity

The plaintiff alleged that the defendant violated the FDCPA and Rosenthal Act by allegedly failing to notify him that it would furnish information about his unpaid debt to the consumer reporting agencies.  He also alleged the information furnished was inaccurate.  The court granted the defendant’s motion to dismiss. The court found that the alleged conduct occurred more than one-year before the filing of the complaint and, therefore, the claims were time-barred.  The court found that under Rotkiske v. Klemm, 140 S. Ct. 355 (2019) the so-called “discovery” rule does not apply to claims brought under the FDCPA or the Rosenthal Act, nor had the plaintiff pled facts showing that he was entitled to the benefit of equitable tolling.   



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