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4th Cir.: Paxton v. LVNV- Statute of Limitations for FCRA not Tolled by Fraudulent Concealment

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By Ed Boltz, 9 November, 2024

Summary:

The Fourth Circuit Court of Appeals affirmed the dismissal of  Paxton’s claims against LVNV Funding, LLC, and Jacob Law Group, PLLC. Paxton had alleged violations of the Fair Debt Collection Practices Act (FDCPA) and state law. The district court dismissed her FDCPA claims as time-barred, as the last alleged FDCPA violation occurred on May 7, 2020, but Paxton did not file her complaint until July 2021, exceeding the one-year statute of limitations. Paxton argued for tolling based on fraudulent concealment, claiming improper service and pursuit of judgment in a state where she no longer lived, but the court found her allegations insufficient. Consequently, the court also declined to exercise supplemental jurisdiction over her state claims.

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