Quick analysis: It’s official… FDCPA litigation is back in vogue.

Even though it dropped 7.7% from June, FDCPA litigation still grew it’s YTD lead over 2014 due to the shear volume of new cases being filed. At 6888 cases through the end of July compared to 5862 for the same period last year, not only is it up 17.5% over 2014, but it surpassed 2014’s raw number by more than 1000. If that doesn’t signal a strong comeback barely halfway through the year, I’m not sure what would.

In other news, FCRA gained both over last month and YTD by 2.7% and 26.8% respectively, continuing it’s strong growth, albeit weakly for the month of July. And TCPA continues its 2015 whimper, up nominally over June by .4%, but still down for the YTD by 1.4%.

CFPB complaints against debt collectors are about normal, down a little from last month but with a steady trickle of new data coming out it will probably be even. CFPB complaints are up an anemic 1.1% YTD.

Fun Facts: ∙

– For July 2015, about 35% of all consumer litigation plaintiffs had sued at least once before under consumer litigation statutes.

∙ About 892 different companies were sued, and 825 different debt collectors were complained about to the CFPB.

∙ Class actions were relatively high, with 13.5% for FDCPA, 15.9% for TCPA and 10.4% for FCRA.

∙ The Illinois Northern District Court of Chicago had the most litigation filed in it, with 93 lawsuits invoking consumer statutes. California had the most CFPB complaints against debt collectors, with 473.

∙ Attorney Craig Thor Kimmel represented the most consumers for the month with 34, but Craig B. Sanders has represented the most year to date, with 177

Comparisons: Current Period: Previous Period: Previous Year Comp:
Jul 01, 2015
Jul 31, 2015
Jun 01, 2015
Jun 30, 2015
Jul 01, 2014
Jul 31, 2014
CFPB Complaints  3443 3518 -2.1% 3510 -1.9%
FDCPA lawsuits  1050 1137 -7.7% 842 24.7%
FCRA lawsuits  308 300 2.7% 208 48.1%
TCPA lawsuits  252 251 0.4% 206 22.3%
YTD CFPB Complaints  24367 24092 1.1%
YTD FDCPA lawsuits  6888 5862 17.5%
YTD FCRA lawsuits  1828 1442 26.8%
YTD TCPA lawsuits  1573 1595 -1.4%

 

Complaint Statistics:

3443 consumers filed CFPB complaints against debt collectors and about 1351 consumers filed lawsuits under consumer statutes from Jul 01, 2015 to Jul 31, 2015. Here is an approximate breakdown:

  • 3443 CFPB Complaints
  • 1050 FDCPA, 142 Class Action (13.5%)
  • 252 TCPA, 40 Class Action (15.9%)
  • 308 FCRA, 32 Class Action (10.4%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1351 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 472, or (35%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1883 lawsuits since 2001
  • Actions were filed in 177 different US District Court branches.
  • About 892 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 93 Lawsuits: Illinois Northern District Court – Chicago
  • 72 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 67 Lawsuits: New York Eastern District Court – Brooklyn
  • 37 Lawsuits: California Central District Court – Los Angeles
  • 33 Lawsuits: Georgia Northern District Court – Atlanta
  • 33 Lawsuits: New Jersey District Court – Newark
  • 32 Lawsuits: New York Eastern District Court – Central Islip
  • 32 Lawsuits: Minnesota District Court – Dmn
  • 31 Lawsuits: Florida Middle District Court – Tampa
  • 29 Lawsuits: Arizona District Court – Phoenix

The most active consumer attorneys were:

  • Representing 34 Consumers: CRAIG THOR KIMMEL
  • Representing 27 Consumers: AMY LYNN BENNECOFF GINSBURG
  • Representing 25 Consumers: CRAIG B SANDERS
  • Representing 24 Consumers: TODD M FRIEDMAN
  • Representing 22 Consumers: MOHAMMED OMAR BADWAN
  • Representing 22 Consumers: BRIAN KEITH KORTE
  • Representing 21 Consumers: SERGEI LEMBERG
  • Representing 21 Consumers: AHMAD TAYSEER SULAIMAN
  • Representing 20 Consumers: ADAM JON FISHBEIN
  • Representing 19 Consumers: MATTHEW THOMAS BERRY

Statistics Year to Date:

8613 total lawsuits for 2015, including:

  • 6888 FDCPA
  • 1828 FCRA
  • 1573 TCPA

Number of Unique Plaintiffs for 2015: 8137 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 177 Consumers: CRAIG B SANDERS
  • Representing 144 Consumers: TODD M FRIEDMAN
  • Representing 141 Consumers: SERGEI LEMBERG
  • Representing 133 Consumers: AMY LYNN BENNECOFF GINSBURG
  • Representing 114 Consumers: CRAIG THOR KIMMEL
  • Representing 113 Consumers: ADAM JON FISHBEIN
  • Representing 108 Consumers: DANIEL A EDELMAN
  • Representing 106 Consumers: MOHAMMED OMAR BADWAN
  • Representing 96 Consumers: MARK A ELDRIDGE
  • Representing 96 Consumers: JOHN D BLYTHIN

——————————————————————————————————-

CFPB Complaint Statistics:

There were 3443 complaints filed against debt collectors from Jul 01, 2015 to Jul 31, 2015.

Total number of debt collectors complained about: 825

The types of debt behind the complaints were:

  • 1062 Other (phone, health club, etc.) (31%)
  • 739 Credit card (21%)
  • 713 Unknown (21%)
  • 499 Medical (14%)
  • 160 Payday loan (5%)
  • 97 Mortgage (3%)
  • 70 Auto (2%)
  • 60 Non-federal student loan (2%)
  • 43 Federal student loan (1%)

Here is a breakdown of complaints:

  • 1521 Cont’d attempts collect debt not owed (44%)
  • 609 Disclosure verification of debt (18%)
  • 599 Communication tactics (17%)
  • 260 False statements or representation (8%)
  • 238 Taking/threatening an illegal action (7%)
  • 216 Improper contact or sharing of info (6%)

The top five subissues were:

  • 922 Debt is not mine (27%)
  • 425 Debt was paid (12%)
  • 405 Not given enough info to verify debt (12%)
  • 373 Frequent or repeated calls (11%)
  • 201 Attempted to collect wrong amount (6%)

The top states complaints were filed from are:

  • 473 Complaints: CA
  • 334 Complaints: FL
  • 322 Complaints: TX
  • 173 Complaints: NY
  • 155 Complaints: GA
  • 139 Complaints: IL
  • 123 Complaints: PA
  • 115 Complaints: OH
  • 114 Complaints: NJ
  • 112 Complaints: VA

The status of the month’s complaints are as follows:

  • 3443 (100%)

This includes 3207 (93%) timely responses to complaints, and 236 (7%) untimely responses.

Of the company responses, consumers accepted 0 (%) of them, disputed 366 (11%) of them, and 3077 (89%) were N\A.

The top five days for complaints were:

  • 207 Complaints: Thu, 07/16/2015
  • 185 Complaints: Wed, 07/08/2015
  • 174 Complaints: Mon, 07/06/2015
  • 172 Complaints: Wed, 07/15/2015
  • 164 Complaints: Thu, 07/09/2015

 

API Access


We offer two powerful APIs to businesses that communicate with consumers:

  • The primary Litigious Consumer Scrub uses a combination of name, geography (and optionally SSN) to identify consumers who have filed lawsuits in the past.
  • The Litigious Consumer Phone Scrub pulls every phone number from our proprietary database of litigants and runs your phones against ours.

These APIs allow you to check your data against our database on the fly. Clients love using this to handle risk management without missing a beat in their daily workflow.

Workers Comp Scrub


Workers Comp-inspired FDCPA lawsuits are growing aggressively, particularly in Florida. Only WebRecon can tell you who in your database may have a Florida Worker’s Comp case filed that could trigger litigation against you.

You can’t stop 100% of all lawsuits, but if you collect medical in Florida and you don’t have a process in place to show the court that you have a way to check every file against the Workers Comp database, then you have lost the case before it even begins.

Knock these suits out of the park with the Workers Comp Scrub.

Our Monthly Client Newsletter with The Litigant Hotsheet


Anyone can get our guest newsletter, but only clients get the version with the Litigant Hotsheet –  identifying the most active consumer Plaintiffs filing suit in jurisdictions around the country each month. Grab a coffee, shut your door and open your database to make sure you are doing all you can to stay safe.

Individual Vendor Consumer Complaint Search


Just like Vendor Monitoring, but without the monitoring. Search any business’s history of consumer complaints (Litigation, CFPB, BBB, State AG) with the click of a button! Great for on-the-fly gut checks of the companies you do business with.

Vendor Monitoring


Through vicarious liability, you can be held accountable for the bad behavior of your vendors. If they abuse consumers, for all intents and purposes, so do you. This is a big freakin’ deal!

But fear not, friend. WebRecon can track consumer litigation, CFPB, BBB and State AG Office complaints against the companies you do business with.

When a new complaint of any kind is filed against any of the companies you are monitoring, we’ll automatically push a report out to you with all of the publicly available details so you can react accordingly and if necessary, protect your interests.

The Litigious Consumer Phone Scrub


Would you knowingly dial a number attached to a consumer with a history of litigation? Of course not.

But thousands of companies do just that, every single day. If you’d like to know who they are, simply review the court dockets. They are the ones getting sued the most.

Sure, you can stop dialing consumers. But your marketing and operations teams might not be too excited about that plan.

Another idea? Identify the consumers most likely to sue you, based on previous litigation histories, and just don’t call them.

Identify high-risk phones quickly & easily, before you expose yourself to unnecessary risk.

Litigation Context Search


This is really cool.

Our primary search engine is really designed to search for parties to litigation. Need to know more about a consumer plaintiff? That’s easy. Defendant? Check. Lawyer? No problem.

But if you need to find all 1099C lawsuits filed in July 2020… not so much.

Which is why we developed the Context Search. We have pulled out and indexed the full text from over 140k consumer lawsuits and made them available to you in a search engine, with more than 1000 new lawsuits added each month. Use it to search the text of filed litigation so you can easily identify those hard-to-define trends and cases worth following.

Individual Search Engine


Instantly and easily search our proprietary database for any lawsuit participant – Plaintiff, Defendant or Attorney.

In the results, we’ll show you the full consumer litigation history of any participant, including the “docket data” (who, what, why, where, when) and – in many cases – we can even provide a copy of their actual filed lawsuits.

You can also search by phone, date range, federal/state, class action, court, statute, etc. We offer a ton of flexibility to get you the exact search result you are looking for.

The Litigant Alert Ongoing Monitoring Process


Just like our one-time batch process, but without the whole “one time” thing.

When one of your consumers files new litigation against anyone in the future, you should be the first to know. Our monitoring service can make that happen.

WebRecon can monitor your entire database (or any segment of it) for future instances of consumer litigation filed by the very consumers you are working with, right now!

It is simple to add new consumers to the watchlist, remove inactive accounts, download full reports, etc.

Best of all, we only charge you for the volume of your monitoring database – not the frequency of the searches. Search daily, weekly, every Tuesday and Friday, the 15th of each month, whatever – it is totally up to you! You won’t pay a penny more.

The Litigant Alert One-Time Batch Process


This is our flagship service. Find out why hundreds of companies won’t contact any consumers before running them through WebRecon’s Litigant Alert.

This process identifies consumers with a history of litigation quickly & easily. If they have ever filed lawsuits under FDCPA, TCPA, FCRA or similar statutes, you’ll find out here. 

WebRecon’s proprietary database is simply the most comprehensive collection of dangerous consumer litigation data in existence. 

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