On June 2, 2008, Judge Jeremy Vogel held in an unpublished decision that although an act to enforce the FDCPA must be filed within one year from the date of the violation, “conduct occurring outside the statute of limitations is actionable under a continuing violation theory”. (Cruz v. International Collection Corp. 2008 WL 2263800 (N.D.Cal. 2008). Judge Vogel explained that under Joseph v. J.J. McIntyre Cos. 281 F.Supp.2d 1156 (N.D.Cal. 2003), “the key is whether the conduct complained of constitutes a continuing pattern and course of conduct as opposed to unrelated discrete acts. If there is a pattern, then suit is timely . . .and the entire course of conduct is at issue”. This decision is not designated for publication and can not be cited.