Tag Archives: Statute of Limitations

Conover v. Patriot Land Transfer: RESPA’s Statute of Limitations and Equitable Tolling Clash Again

RESPA
A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data lists in return for lender referrals to the title company. Given that this decision was issued in the context of a motion to dismiss, the … Continue reading this entry

Will The Supreme Court Allow Class Action Stacking?

Courts
Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any reason. Most courts have been understandably wary of the notion that statutory limitations periods can … Continue reading this entry

Fifth Circuit Affirms Dismissal FDCPA Claims

In Castro v. Collecto, Inc., No. 09-50975, 2011 WL 651921 (5th Cir. Feb. 24, 2011), the Fifth Circuit affirmed the dismissal of the plaintiffs’ Fair Debt Collections Practices Act (“FDCPA”) claims, holding that the two year statute of limitations under the Federal Communications Act (“FCA”) did not preempt the four year Texas statue of limitations period for … Continue reading this entry