The FDCPA contains a venue provision which overlays state statute venue provisions and causes problems from time to time. When an attorney files suit in the wrong venue in violation of the FDCPA venue provision, when does the one year statute of limitations for the violation begin to run, on the filing of the suit or the service of the process. It is an interesting question that has seen a split amoung the circuits. I don’t think the Sixth circuit has ruled on the question.
This is a recent decision that comes to the conclusion that the statute begins to run upon the filing of the action.