Roybal v. Equifax

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Roybal v. Equifax

Post by David A. Szwak »

Roybal v. Equifax
405 F.Supp.2d 1177
E.D.Cal.,2005.
Oct 19, 2005
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Next, Rickenbacker seeks to have Plaintiffs' Fair Debt Collection Practices Act ("FDCPA") claim dismissed on the ground that it was not timely filed. Under the FDCPA, a claim must be brought within one year of the violation. 15 U.S.C. § 1692k(d). Here, Plaintiffs allege in their complaint that Defendants violated the FDCPA by "report[ing] false and derogatory information." Pl.s' Compl. ¶ 53. *1181 Plaintiffs claim that there were erroneous entries on their credit report as far back as 1997 and 2001. Id. at ¶ 11. Assuming the alleged violations occurred at the time the information was reported, Plaintiffs' action would have accrued in 1997 and 2001. Using this measure, the statute of limitations would have run no later than the end of 2002. [FN4] Consequently, Plaintiffs' claim under the FDCPA is time barred. This claim is dismissed without leave to amend.


FN4. Even assuming, however, that this action accrued as late as the date Plaintiffs learned of the negative credit entries in December 2003, the statute would have run by December 2004. This action was commenced on May 10, 2005, well beyond the latest possible date of accrual.
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