Unfair and Deceptive Acts and Practices: 11.2.4 Limitations Period Where Complaint Amended to Add New Claims or Parties
Often a consumer will amend the complaint to add a UDAP claim, and the question arises whether to use the date of filing the original action or the amended UDAP claim in calculating whether the statute of limitations has run. The federal rule102 and many state rules103 provide that an amendment relates back to the date of the original pleading if it arises out of the conduct, transaction, or occurrence that was set forth in the original pleading.