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Monday, September 5, 2016

MIDLAND FUNDING LLC VS. ALISA JOHNSON A-5797-13T2/

MIDLAND FUNDING LLC VS. BRUCE THIEL/ 
MIDLAND FUNDING LLC VS. LUISA ACEVEDO/ 
MIDLAND FUNDING LLC VS. ALISA JOHNSON 
A-5797-13T2/A-0151-14T1/A-0152-14T1(CONSOLIDATED) 

In these three consumer debt collection actions, we hold that the statute of limitations applicable to an action filed to collect debts arising from a customer's use of a retail store's credit card, which use is restricted to the specific store, is the four-year statute of limitations that governs contracts relating to the sale of goods, N.J.S.A. 12A:2-725, rather than the six-year statute of limitations that governs most contractual claims, N.J.S.A. 2A:14-1. We also hold that if an action is filed after the expiration of the four-year period, the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.A. §§ 1692 to 1692p, requires an award of statutory damages and costs, absent a showing that the action was filed due to a "bona fide error" under the act.