Tag Archives: Fair Debt Collection Practices Act

Average Joe SCOTUS: Rotkiske v. Klemm

General deadbeat Kevin Rotkiske, who suffers from eye problems, because he can’t see paying his bills, racked up some debt in 2003-2005 that he failed to pay.

Respondent Klemm, was a debt collector hired by the people Rotkiske owed money to, and Klemm went after Rotkiske for the deadbeat that he is in 2008.

Part of suing someone is obviously serving them papers that they are supposed to appear in court.

Rotkiske being the wile deadbeat he is, moved around a lot, and was no longer at the address Klemm had on file. But some dumb fuck that lived at the address now, signed for the summons, apparently not realizing their name wasn’t Rotkiske. Real fucking genius, there.

Anyway, Rotkiske, blissfully ignorant of all this shit, didn’t appear, and thus a judgement was given to Klemm.

Fast forward to 2014, and this deadbeat scumbag Rotkiske tried to finance a house. And surprise! You can’t finance shit, motherfucker, you’ve got a judgement against you. So Rotkiske was like, WTF? How do I have a judgement against me when I’ve never been summoned to court?

So after figuring out what happen, Rotkiske sued Klemm, because apparently this is the kind of country we are, that we’ll let a fucking deadbeat who didn’t pay his bills sue the people who just want him to pay his fucking bill.

The Fair Debt Collection Practices Act (FDCPA) has laws to protect deadbeats from mafioso type debt collectors, which I suppose I’ll grant may have some good facets to it. So this is the law in question here. I’m not sure how the fuck Klemm has done anything wrong here, since it was the dumb fuck who wrongly signed the fucking summons who caused the issue. Blame the fucking person who served the papers, right?

Anyway, Klemm felt like the courts should drop this shit, because the state of limitations on such violations is one year, and that shit happened back in 2008, or six years prior to 2014 when they were sued by Rotkiske.

But Rotkiske was like, “Fuck you, assholes. I didn’t know about this shit until 2014, and I took action immediately. How the fuck am I supposed to act when I don’t even fucking know it’s a problem.

So one court sided with Klemm, another with Rotkiske, as is usually the case, and now he we are at SCOTUS determining if a statute of limitation started in 2008 when Klemm got a bogus signature, or if it started in 2014 when Rotkiske first found out.

8:1 Judgement for Klemm, Ginsburg being the lone holdout. But the majority argued that the clock starts from the violation, in the text of § 1692k(d) of the Fair Debt Collection Practices Act. So fuck you, Rotkiske. Pay your fucking bills.

Ginsburg’s dissent was some half-hearted bullshit where she agreed with them on one point, and disagreed on the other. Who cares, though, right?

Read about the case, or hear oral arguments here.