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Benzemann v. Citibank, 14-2668

In a debt collection action raising the question of when a "violation" of the Fair Debt Collection Practices Act (FDCPA) occurs for the purpose of the statute of limitations, pursuant to 15 U.S.C. section 1692k(d), the district court's dismissal of plaintiff's FDCPA claim as untimely is reversed and the court held that an FDCPA violation occur when a bank freezes a debtor's bank account, not when a debt collector sends a restraining notice to the bank.

Appellate Information

  • Decided
  • Published 2015/11/16

Judges

  • POOLER

Court

  • California Court of Appeal

Counsel

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