Quick analysis: Happy holidays from WebRecon!

After a rally in October, everything is back to normal except TCPA litigation.

FDCPA, which spiked in October to a rare 900+ lawsuits, is back down to a more normal 713 in November. FCRA which was over 225 is down to 173, and CFPB complaints which had rocketed to well over 3000 are back down to a more moderate 2707 (likely to settle at around 2900).

The only statute that is still out of sync is TCPA, which had a rare plummet in October to 159 (from a recent average closer to 200), and it has plummeted again in November to an almost inconceivable 95 lawsuits.

Class actions are in a normal range – if a bit at the low end this month, with FDCPA at 9.3%, FCRA at 9.5% and TCPA at 8.1% of all litigation representing a class.

Repeat filers represented about 34% of all November litigation.

Comparisons: Current Period: Previous Period: Previous Year Comp:
Nov 01 – 30, 2014 Oct 01 – 31, 2014 Nov 01 – 30, 2013
CFPB Complaints  2707 3223 -19.1% 2442 -10.9%
FDCPA lawsuits  713 911 -27.8% 685 3.9%
FCRA lawsuits  173 228 -31.8% 188 -8.7%
TCPA lawsuits  95 159 -67.4% 205 -115.8%
YTD CFPB Complaints  36193 8644 76.1%
YTD FDCPA lawsuits  8859 9542 -7.7%
YTD FCRA lawsuits  2115 2068 2.2%
YTD TCPA lawsuits  2164 1696 21.6%

Complaint Statistics:

2707 consumers filed CFPB complaints against debt collectors and about 969 consumers filed lawsuits under consumer statutes in Nov 2014. Here is an approximate breakdown:

  • 2707 CFPB Complaints
  • 713 FDCPA, 66 Class Action (9.3%)
  • 95 TCPA, 9 Class Action (9.5%)
  • 173 FCRA, 14 Class Action (8.1%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 969 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 333, or (34%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1146 lawsuits since 2001
  • Actions were filed in 149 different US District Court branches.
  • About 729 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 74 Lawsuits: Illinois Northern District Court – Chicago
  • 72 Lawsuits: New York Eastern District Court – Brooklyn
  • 46 Lawsuits: Texas Northern District Court – Dallas
  • 41 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 27 Lawsuits: New Jersey District Court – Trenton
  • 25 Lawsuits: California Central District Court – Los Angeles
  • 25 Lawsuits: New Jersey District Court – Newark
  • 24 Lawsuits: Georgia Northern District Court – Atlanta
  • 22 Lawsuits: Florida Middle District Court – Tampa
  • 22 Lawsuits: Indiana Southern District Court – Indianapolis

The most active consumer attorneys were:

  • Representing 35 Consumers: WILLIAM ROSS TETER
  • Representing 27 Consumers: ADAM JON FISHBEIN
  • Representing 26 Consumers: EDWARD B GELLER
  • Representing 26 Consumers: SERGEI LEMBERG
  • Representing 24 Consumers: ROBERT H DEWBERRY
  • Representing 20 Consumers: MOHAMMED OMAR BADWAN
  • Representing 19 Consumers: ANDREW JOSEPH GUZZO
  • Representing 19 Consumers: LEONARD ANTHONY BENNETT
  • Representing 19 Consumers: KRISTI CAHOON KELLY
  • Representing 19 Consumers: SUSAN MARY ROTKIS

Statistics Year to Date:

11479 total lawsuits for 2014, including:

  • 8859 FDCPA
  • 2115 FCRA
  • 2164 TCPA

Number of Unique Plaintiffs for 2014: 11172 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 469 Consumers: SERGEI LEMBERG
  • Representing 209 Consumers: DAVID MICHAEL LARSON
  • Representing 175 Consumers: JOHN THOMAS STEINKAMP
  • Representing 164 Consumers: MICHAEL ANTHONY EADES
  • Representing 164 Consumers: AHMAD TAYSEER SULAIMAN
  • Representing 153 Consumers: ADAM JON FISHBEIN
  • Representing 150 Consumers: DAVID J PHILIPPS
  • Representing 150 Consumers: TODD M FRIEDMAN
  • Representing 148 Consumers: CRAIG THOR KIMMEL
  • Representing 147 Consumers: ANGIE K ROBERTSON


CFPB Complaint Statistics:

There were 2707 complaints filed against debt collectors in Nov 2014.

Total number of debt collectors complained about: 725

The types of debt behind the complaints were:

  • 777 Other (phone, health club, etc.) (29%)
  • 614 Unknown (23%)
  • 567 Credit card (21%)
  • 374 Medical (14%)
  • 157 Payday loan (6%)
  • 72 Mortgage (3%)
  • 57 Auto (2%)
  • 51 Non-federal student loan (2%)
  • 38 Federal student loan (1%)

Here is a breakdown of complaints:

  • 1152 Cont’d attempts collect debt not owed (43%)
  • 507 Communication tactics (19%)
  • 451 Disclosure verification of debt (17%)
  • 216 False statements or representation (8%)
  • 214 Improper contact or sharing of info (8%)
  • 167 Taking/threatening an illegal action (6%)

The top five subissues were:

  • 720 Debt is not mine (27%)
  • 319 Frequent or repeated calls (12%)
  • 287 Not given enough info to verify debt (11%)
  • 283 Debt was paid (10%)
  • 159 Attempted to collect wrong amount (6%)

The top states complaints were filed from are:

  • 346 Complaints: CA
  • 265 Complaints: TX
  • 258 Complaints: FL
  • 134 Complaints: NY
  • 98 Complaints: GA
  • 96 Complaints: IL
  • 88 Complaints: OH
  • 87 Complaints: SC
  • 84 Complaints: NJ
  • 71 Complaints: WA

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

  • 1862 Closed with explanation (69%)
  • 409 Closed with non-monetary relief (15%)
  • 212 In progress (8%)
  • 113 Closed (4%)
  • 84 Untimely response (3%)
  • 27 Closed with monetary relief (1%)

This includes 2535 (94%) timely responses to complaints, and 172 (6%) untimely responses.

Of the company responses, consumers accepted 0 (0%) of them, disputed 270 (10%) of them, and 2437 (90%) were N\A.

The top five days for complaints were:

  • 178 Complaints: Wed, 11/19/2014
  • 172 Complaints: Tue, 11/18/2014
  • 156 Complaints: Fri, 11/14/2014
  • 150 Complaints: Wed, 11/05/2014
  • 134 Complaints: Fri, 11/21/2014

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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