This page explains federal law as it applies to consumers in New York, plus New York law where noted: the filing deadlines for credit reporting, debt collection, robocall, mortgage servicing and lending claims, and the New York statutes that often travel with them. KOR Law LLP's consumer protection practice represents consumers in FCRA, FDCPA, RESPA, TILA and TCPA claims, and, as the firm's practice page puts it, these claims "have specific statutes of limitations." Missing one usually ends the claim regardless of its merits.
What are the deadlines, statute by statute?
| Claim | Deadline | Clock starts | Source |
|---|---|---|---|
| Fair Credit Reporting Act | Earlier of 2 years or 5 years | 2 years from discovery; 5 years from the violation | 15 U.S.C. 1681p |
| Fair Debt Collection Practices Act | 1 year | The date the violation occurs | 15 U.S.C. 1692k(d); Rotkiske v. Klemm |
| Telephone Consumer Protection Act | No deadline in the statute; federal catch-all of 4 years | When the cause of action accrues | 47 U.S.C. 227; 28 U.S.C. 1658(a) |
| RESPA servicer duties (section 2605) | 3 years | The date of the violation | 12 U.S.C. 2614 |
| RESPA kickback and title insurance rules (2607, 2608) | 1 year | The date of the violation | 12 U.S.C. 2614 |
| Truth in Lending Act, most claims | 1 year | The date of the violation | 15 U.S.C. 1640(e) |
| New York credit reporting law | 2 years | When liability arises (or discovery of a willful misrepresentation) | GBL 380-n |
| New York deceptive practices (GBL 349(h)) | 3 years under CPLR 214(2) | Accrual of the claim | People v Credit Suisse (2018), discussing Gaidon |
Why is the FDCPA deadline so short?
The FDCPA says an action may be brought "within one year from the date on which the violation occurs" (15 U.S.C. 1692k(d)). In Rotkiske v. Klemm (2019), a consumer argued the clock should start only when he discovered a judgment a collector obtained using service at an address where he no longer lived. The Supreme Court held that "absent the application of an equitable doctrine," the period "begins to run when the alleged FDCPA violation occurs, not when the violation is discovered." The Court did not decide whether a fraud-specific equitable rule could apply in a particular case. In practice, a debt collection claim should be evaluated as soon as the conduct happens; the rules collectors must follow are in what a debt collector can legally do in New York.
How does the FCRA's two-clock rule work?
An FCRA case must be filed "not later than the earlier of" two years after the plaintiff discovers the violation, or five years after it occurs (15 U.S.C. 1681p). The five-year limit is a hard outer edge: even a consumer who only recently learned of the problem cannot sue on a violation more than five years old. The dates of disputes and responses therefore matter; the dispute steps are described in how to dispute a credit report error and when you can sue under the FCRA.
Where does the TCPA's four years come from?
The TCPA itself, 47 U.S.C. 227, does not state a limitations period. Federal law supplies one for civil actions under Acts of Congress enacted after the catch-all was adopted: they "may not be commenced later than 4 years after the cause of action accrues," unless another law provides otherwise (28 U.S.C. 1658(a)). Section 227 was added by Public Law 102-243 on December 20, 1991. The statute provides damages for "each such violation" (47 U.S.C. 227(b)(3)), so the timing of each call or text matters; the substance of these claims is covered in when you can sue over robocalls or spam texts.
What about New York's own consumer statutes?
New York claims often sit alongside the federal ones. A person injured by a deceptive act or practice may sue in their own name for an injunction and for actual damages or $50, whichever is greater, which the court may increase up to three times actual damages, capped at $1,000, for willful or knowing violations, plus reasonable attorney's fees (GBL 349(h)). In People v Credit Suisse (2018), the Court of Appeals described its earlier Gaidon decision as applying CPLR 214(2), the three-year period for liabilities created by statute, to claims under GBL 349(h). New York's credit reporting law has a two-year period from when liability arises, extended to two years from discovery where a defendant willfully misrepresented required information (GBL 380-n). New York's debt collection statute for creditors, GBL 601, is enforced through criminal and civil penalties and suits by the Attorney General or a district attorney (GBL 602), rather than a general private damages claim.
How do you protect a deadline, step by step?
- Write down the dates. Each call, letter, report, dispute, response and court filing, with documents.
- Identify every statute in play. One course of conduct can violate several laws with different clocks.
- Find the earliest deadline. For debt collection, it is usually one year from each violation (15 U.S.C. 1692k(d)).
- Do not wait for the dispute process to finish if a clock is close. Nothing in 15 U.S.C. 1692k(d) pauses the year while a dispute is pending.
- Choose the court. These statutes allow suit in federal court or another court of competent jurisdiction (15 U.S.C. 1681p, 1692k(d); 12 U.S.C. 2614).
- File with time to spare so service and amendments do not create problems.
What changes the answer?
- Discovery. It matters under the FCRA's two-year clock (1681p) but not as a general rule under the FDCPA (Rotkiske).
- Equitable doctrines. Rotkiske left room for equitable doctrines in particular cases, which are fact-specific.
- The type of RESPA claim. Servicer claims get three years; kickback and title insurance claims one year (12 U.S.C. 2614).
- TILA's special rules. Certain mortgage origination violations get three years, and TILA violations may be raised as recoupment or set-off when a lender sues to collect, except as state law provides (15 U.S.C. 1640(e)).
- State law claims. New York's credit reporting law has two years (GBL 380-n), and deceptive practices claims are treated as three-year statutory claims (People v Credit Suisse, discussing Gaidon).
- Who sues. Government enforcers sometimes have different periods, such as three years for state attorneys general under RESPA (12 U.S.C. 2614).
For example: collection calls, a lawsuit and a credit report error
For example, imagine a Brooklyn resident who, over 14 months, receives repeated calls from a collector, is sued on the debt in Civil Court, and sees the account reported on her credit file with a wrong balance. (This is a made-up illustration, not a real client or result.) She disputes the balance with the credit bureaus in month 12.
Calls from months 1 and 2 are likely outside the FDCPA's one-year window if she waits until month 14 to sue, while later calls are not (15 U.S.C. 1692k(d)). If any calls were prerecorded calls to her cell phone without consent, the TCPA's four-year catch-all gives more room (28 U.S.C. 1658(a)). The credit reporting claim depends on how the bureaus and furnisher handle her month-12 dispute, and she has two years from discovering any violation (15 U.S.C. 1681p). Her defense of the Civil Court case has its own deadlines.
Common mistakes
- Assuming the clock starts when you find out. Not under the FDCPA (Rotkiske).
- Missing the five-year FCRA ceiling. It applies even without discovery (15 U.S.C. 1681p).
- Letting old calls lapse. Older calls and letters can fall outside the period while newer ones remain inside it.
- Treating a dispute as a pause. The FDCPA's year runs from the violation (15 U.S.C. 1692k(d)).
- Forgetting state claims. GBL 349 and Article 25 claims have their own periods.
- Ignoring the collection lawsuit. A default judgment creates new problems; see whether you can undo a default judgment in New York.
What to do this week
- Build a timeline of every contact, letter, report and filing.
- Save call logs, voicemails, screenshots of texts and envelopes with postmarks.
- Pull your credit reports and note the dates of any disputes.
- Mark the one-year date from each collection contact you are concerned about.
- If you have been sued, calendar your answer deadline immediately.
- Speak with counsel before the earliest deadline, not after.
Frequently asked questions
Is the deadline the same for a debt collector and the original lender?
No. The FDCPA's definition of "debt collector" centers on businesses that collect debts owed to others (15 U.S.C. 1692a(6)), while claims against lenders and servicers may arise under other statutes, such as RESPA (three years for servicer duties) or TILA (usually one year) (12 U.S.C. 2614; 15 U.S.C. 1640(e)).
How long can a creditor wait to sue me in New York?
For consumer credit transactions, New York generally allows three years, and a payment after the period expires does not revive it (CPLR 214-i). See whether you can be sued on an old consumer debt in New York.
What can I recover if I file in time?
Remedies differ by statute, from actual damages to statutory amounts and fees. See what you can recover for a credit reporting or debt collection violation.
Does a RESPA notice of error stop the clock?
The statute measures three years from the violation (12 U.S.C. 2614). The servicer's own response deadlines are explained in how to make a mortgage servicer fix an error.
Can I raise a TILA violation after the year runs out?
Possibly as a defense. TILA says the one-year limit does not bar asserting a violation by recoupment or set-off in a lender's collection action, except as state law provides (15 U.S.C. 1640(e)).