Quick analysis: 2015 has started with a whimper, with CFPB complaints just edging up from December 2014, but FDCPA/FCRA/TCPA litigation all decisively lower than they were in December (9%, 14.1% and 17.9%, respectively).
The lift in CFPB complaints is 7.1%, though history shows that will tighten up in the weeks ahead as more cases from January are made public.
Class actions are still all over the board, continuing a new trend from last month, with 15.7% of FDCPA, 4.2% of TCPA and 7.9% of FCRA lawsuits being filed that way.
Repeat filers represented about 36% of all January litigation.
| Comparisons: | Current Period: | Previous Period: | Previous Year Comp: | ||
|---|---|---|---|---|---|
| Jan 01 – 31, 2015 | Dec 01 – 31, 2014 | Jan 01 – 31, 2014 | |||
| CFPB Complaints | 3204 | 2992 | 7.1% | 3280 | -2.3% |
| FDCPA lawsuits | 765 | 841 | -9.0% | 726 | 5.4% |
| FCRA lawsuits | 177 | 206 | -14.1% | 200 | -11.5% |
| TCPA lawsuits | 142 | 173 | -17.9% | 213 | -33.3% |
| YTD CFPB Complaints | 3204 | 3280 | -2.3% | ||
| YTD FDCPA lawsuits | 765 | 726 | 5.4% | ||
| YTD FCRA lawsuits | 177 | 200 | -11.5% | ||
| YTD TCPA lawsuits | 142 | 213 | -33.3% | ||
Complaint Statistics:
3204 consumers filed CFPB complaints against debt collectors and about 929 consumers filed lawsuits under consumer statutes in Jan 2015. Here is an approximate breakdown:
- 3204 CFPB Complaints
- 765 FDCPA, 120 Class Action (15.7%)
- 142 TCPA, 6 Class Action (4.2%)
- 177 FCRA, 14 Class Action (7.9%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 929 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 335, or (36%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 1270 lawsuits since 2001
- Actions were filed in 146 different US District Court branches.
- About 706 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 75 Lawsuits: Illinois Northern District Court – Chicago
- 51 Lawsuits: New York Eastern District Court – Brooklyn
- 41 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
- 31 Lawsuits: Georgia Northern District Court – Atlanta
- 30 Lawsuits: Minnesota District Court – Dmn
- 23 Lawsuits: Indiana Southern District Court – Indianapolis
- 23 Lawsuits: New York Western District Court – Buffalo
- 22 Lawsuits: California Central District Court – Los Angeles
- 21 Lawsuits: New Jersey District Court – Newark
- 19 Lawsuits: Michigan Eastern District Court – Detroit
The most active consumer attorneys were:
- Representing 28 Consumers: SERGEI LEMBERG
- Representing 25 Consumers: DANIEL A EDELMAN
- Representing 23 Consumers: ADAM JON FISHBEIN
- Representing 22 Consumers: CATHLEEN M COMBS
- Representing 21 Consumers: JAMES O LATTURNER
- Representing 20 Consumers: VICKI PIONTEK
- Representing 19 Consumers: SETH ANDREWS
- Representing 19 Consumers: SHPETIM ADEMI
- Representing 19 Consumers: MARK A ELDRIDGE
- Representing 19 Consumers: JOHN D BLYTHIN
Statistics Year to Date:
918 total lawsuits for 2015, including:
- 765 FDCPA
- 177 FCRA
- 142 TCPA
Number of Unique Plaintiffs for 2015: 929 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 28 Consumers: SERGEI LEMBERG
- Representing 25 Consumers: DANIEL A EDELMAN
- Representing 23 Consumers: ADAM JON FISHBEIN
- Representing 22 Consumers: CATHLEEN M COMBS
- Representing 21 Consumers: JAMES O LATTURNER
- Representing 20 Consumers: VICKI PIONTEK
- Representing 19 Consumers: SETH ANDREWS
- Representing 19 Consumers: SHPETIM ADEMI
- Representing 19 Consumers: MARK A ELDRIDGE
- Representing 19 Consumers: JOHN D BLYTHIN
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CFPB Complaint Statistics:
There were 3204 complaints filed against debt collectors in Jan 2015.
Total number of debt collectors complained about: 806
The types of debt behind the complaints were:
- 935 Other (phone, health club, etc.) (29%)
- 707 Unknown (22%)
- 643 Credit card (20%)
- 507 Medical (16%)
- 174 Payday loan (5%)
- 71 Mortgage (2%)
- 66 Auto (2%)
- 59 Non-federal student loan (2%)
- 42 Federal student loan (1%)
Here is a breakdown of complaints:
- 1397 Cont’d attempts collect debt not owed (44%)
- 566 Communication tactics (18%)
- 552 Disclosure verification of debt (17%)
- 259 False statements or representation (8%)
- 252 Improper contact or sharing of info (8%)
- 178 Taking/threatening an illegal action (6%)
The top five subissues were:
- 845 Debt is not mine (26%)
- 386 Debt was paid (12%)
- 359 Frequent or repeated calls (11%)
- 337 Not given enough info to verify debt (11%)
- 202 Attempted to collect wrong amount (6%)
The top states complaints were filed from are:
- 399 Complaints: CA
- 317 Complaints: TX
- 275 Complaints: FL
- 183 Complaints: NY
- 156 Complaints: GA
- 141 Complaints: IL
- 128 Complaints: PA
- 107 Complaints: OH
- 98 Complaints: VA
- 85 Complaints: NJ
The status of the month’s complaints are as follows:
- 2139 Closed with explanation (67%)
- 523 Closed with non-monetary relief (16%)
- 230 In progress (7%)
- 146 Closed (5%)
- 133 Untimely response (4%)
- 33 Closed with monetary relief (1%)
This includes 2972 (93%) timely responses to complaints, and 232 (7%) untimely responses.
Of the company responses, consumers accepted 0 (%) of them, disputed 339 (11%) of them, and 2865 (89%) were N\A.
The top five days for complaints were:
- 186 Complaints: Wed, 01/28/2015
- 171 Complaints: Tue, 01/27/2015
- 163 Complaints: Wed, 01/21/2015
- 152 Complaints: Thu, 01/22/2015
- 152 Complaints: Fri, 01/23/2015