One Time to Sue: The Case for a Uniform Statute of Limitations for Consumers to Sue Under the Fair Debt Collection Practices Act

In 1977, Congress enacted the Fair Debt Collection Practices Act (FDCPA) in an effort to provide injured consumers with uniform protection against the systematically abusive practices of the debt collection industry. The FDCPA created a private right of action for victims to sue; however, an individual who wishes to bring a private suit under the FDCPA must do so “within one year from the date on which the violation occurs.” The effectiveness of this private right of action has been unsettled due to the circuit split over the meaning of this provision. For many FDCPA violations, the debt collector might engage in the violative conduct several days, weeks, months, or even years before that conduct actually harms the consumer. Thus, the principal disagreement focuses on when the “violation occurs”: Does it occur when the debt collector engages in the proscribed conduct, or does it occur when that conduct actually harms the consumer? Moreover, if the violation occurs when the debt collector engages in the proscribed act, can a “discovery rule” apply to delay the running of the statute of limitations until the consumer finds out about the violation? This Note explores the various analyses circuit courts apply to determine the date on which an FDCPA violation occurs. Unless federal courts adopt a uniform analysis to determine when an FDCPA violation occurs for the purpose of triggering the running of the statute of limitations, injured consumers will continue to receive inconsistent protection under the statute. This Note argues that in order to promote the FDCPA’s remedial nature, federal courts should adopt the following guidelines to determine the date on which an FDCPA violation occurs: (1) a violation occurs, and a cause of action accrues, when a consumer suffers the kind of harm for which Congress intended to provide a private damages remedy; and (2) where a debt collector fraudulently conceals his or her violative conduct from an injured consumer, the equitable tolling doctrine should apply to toll the running of the FDCPA’s statute of limitations for the duration of the concealment

Smarter Outsourcing for Grantmakers

With the subsequent downturn in the economy, outsourcing became an even more attractive opption for some funders. Today, more than ever, grantmakers facing fluctations in the economy need to work more resourcefully, efficiently, and effectively. This paper will explore why grantmakers choose to outsource, what functions are typically contracted out, and how an outsourcing arrangement is best managed, based on the lessons TCC Group--and our clients--have learned over the past 30 years

A Changing Gulf of Maine: Investigating the Role of Benthic Water Temperature in Determining the Timing of Spiny Dogfish (Squalus acanthias) Arrival and Departure in the Gulf of Maine

Spiny Dogfish (Squalus acanthias) is a highly migratory elasmobranch that undergoes annual migrations along the East Coast of the United States. Spiny dogfish have been studied extensively on the West Coast, but little information currently exists on the life history of this species in the Gulf of Maine (GOM). In the last few years, commercial gillnet fishermen in the GOM have been reporting unusual catch patterns while fishing offshore, perhaps indicating an increased abundance in dogfish and an extension of the length of time that dogfish occupy the GOM in a given year. Concurrent with these changes, rising average global temperatures have led to increased ocean temperatures in the GOM, a variable that could be altering the historical movement patterns of GOM fish. These changes are likely to have important ecological impacts and implications for commercial fisheries. This project sought to investigate the relationship between benthic water temperature and the presence or absence of spiny dogfish off the coast of New Hampshire. A greater understanding of the relationship between benthic water temperature and dogfish presence could increase the efficiency of commercial gillnet fishermen targeting spiny dogfish (e.g. targeting specific areas of a certain water temperature), increase our capacity to successfully manage the dogfish fishery, and suggest ecological impacts for these changes. Utilizing vessels in the NH Gillnet fishing fleet, dogfish catch and benthic water temperature were tracked seasonally from 2014-2016 over the course of three separate phases (Phase I – 2014, Phase II – 2015, Phase IIIA/IIIB – 2016). Limited data was also collected by recreational fishermen during 2016. Results indicated a threshold of approximately 5.0˚C benthic water temperature before dogfish arrival in 2014 in late June. In 2015 and 2016, dogfish time of departure was calculated on 8/17/2015 and 8/08/2016 when benthic water temperature was 6.16˚C and 7.42˚C respectively. The similarity in date but difference in water temperature indicate potentially a potential photoperiod correlation associated with the timing of dogfish departure. Initial observations were also made concerning patterns of sex ratio associated with spiny dogfish at Jeffrey’s Ledge, perhaps indicating separate movement patterns associated with differences in age/sex. Additional data is needed to improve the foundational work presented in this pilot study