Quick analysis: After a slow, slow August, things seem to be snapping back into place with consumer litigation up across the board in September, though CFPB complaints do seem to be on a bit of a decline.
- CFPB complaints are down 22.4% from 3232 in August to 2640 in September (but this number is likely to go up by 200’ish over the next few weeks).
- FDCPA lawsuits are up 5.5% from 740 in August to 783 in September.
- FCRA lawsuits are up 11.9% from 156 in August to 177 in September.
- TCPA lawsuits are up 2.1% from 189 in August to 193 in September.
Year to date, everything except FDCPA is still up, with FDCPA litigation lagging 12% from this time last year.
Class Actions: Of the 783 FDCPA cases filed, 73 (9.3%) of them are class actions. Of the 177 FCRA lawsuits filed, 12 (6.2%) are class actions. And of the 193 TCPA lawsuits filed, 24 (13.6%) are class actions. The TCPA percentage is particularly high this month.
Repeat Filers: Finally, 31% of the consumers who filed litigation in August are considered repeat filers, having filed similar litigation in the past.
| Comparisons: | Current Period: | Previous Period: | Previous Year Comp: | ||
|---|---|---|---|---|---|
| Sep 01 – 30, 2014 | Aug 01 – 31, 2014 | Sep 01 – 30, 2013 | |||
| CFPB Complaints | 2640 | 3232 | -22.4% | 2009 | -31.4% |
| FDCPA lawsuits | 783 | 740 | 5.5% | 813 | -3.8% |
| FCRA lawsuits | 177 | 156 | 11.9% | 209 | -18.1% |
| TCPA lawsuits | 193 | 189 | 2.1% | 163 | 15.5% |
| YTD CFPB Complaints | 29929 | 4407 | 85.3% | ||
| YTD FDCPA lawsuits | 7229 | 8093 | -12.0% | ||
| YTD FCRA lawsuits | 1714 | 1684 | 1.8% | ||
| YTD TCPA lawsuits | 1908 | 1338 | 29.9% | ||
Complaint Statistics:
2640 consumers filed CFPB complaints against debt collectors and about 1072 consumers filed lawsuits under consumer statutes in Sep 2014. Here is an approximate breakdown:
- 2640 CFPB Complaints
- 783 FDCPA, 73 Class Action (9.3%)
- 193 TCPA, 12 Class Action (6.2%)
- 177 FCRA, 24 Class Action (13.6%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 1072 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 336, or (31%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 1238 lawsuits since 2001
- Actions were filed in 151 different US District Court branches.
- About 824 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 79 Lawsuits: Illinois Northern District Court – Chicago
- 50 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
- 45 Lawsuits: Colorado District Court – Denver
- 39 Lawsuits: Florida Middle District Court – Tampa
- 36 Lawsuits: California Southern District Court – San Diego
- 36 Lawsuits: New York Eastern District Court – Brooklyn
- 29 Lawsuits: Indiana Southern District Court – Indianapolis
- 28 Lawsuits: California Central District Court – Los Angeles
- 28 Lawsuits: Wisconsin Eastern District Court – Milwaukee
- 26 Lawsuits: Arizona District Court – Phoenix
The most active consumer attorneys were:
- Representing 39 Consumers: SERGEI LEMBERG
- Representing 21 Consumers: MOHAMMED OMAR BADWAN
- Representing 21 Consumers: AHMAD TAYSEER SULAIMAN
- Representing 20 Consumers: DANIEL JOHN MCGARRY
- Representing 19 Consumers: SHIREEN HORMOZDI
- Representing 18 Consumers: TRINETTE GRAGIRENA KENT
- Representing 17 Consumers: MICHAEL ANTHONY EADES
- Representing 17 Consumers: DAVID MICHAEL LARSON
- Representing 17 Consumers: JOHN D BLYTHIN
- Representing 17 Consumers: JOSHUA B SWIGART
Statistics Year to Date:
9394 total lawsuits for 2014, including:
- 7229 FDCPA
- 1714 FCRA
- 1908 TCPA
Number of Unique Plaintiffs for 2014: 9211 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 415 Consumers: SERGEI LEMBERG
- Representing 204 Consumers: DAVID MICHAEL LARSON
- Representing 141 Consumers: JOHN THOMAS STEINKAMP
- Representing 132 Consumers: MICHAEL ANTHONY EADES
- Representing 130 Consumers: TODD M FRIEDMAN
- Representing 125 Consumers: DAVID J PHILIPPS
- Representing 122 Consumers: ANGIE K ROBERTSON
- Representing 122 Consumers: ADAM JON FISHBEIN
- Representing 117 Consumers: CRAIG THOR KIMMEL
- Representing 106 Consumers: DANIEL A EDELMAN
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CFPB Complaint Statistics:
There were 2640 complaints filed against debt collectors in Sep 2014.
Total number of debt collectors complained about: 670
The types of debt behind the complaints were:
- 782 Other (phone, health club, etc.) (30%)
- 577 Credit card (22%)
- 547 Unknown (21%)
- 345 Medical (13%)
- 150 Payday loan (6%)
- 91 Mortgage (3%)
- 65 Auto (2%)
- 44 Non-federal student loan (2%)
- 39 Federal student loan (1%)
Here is a breakdown of complaints:
- 1135 Cont’d attempts collect debt not owed (43%)
- 486 Communication tactics (18%)
- 414 Disclosure verification of debt (16%)
- 250 False statements or representation (9%)
- 179 Improper contact or sharing of info (7%)
- 176 Taking/threatening an illegal action (7%)
The top five subissues were:
- 695 Debt is not mine (26%)
- 304 Debt was paid (12%)
- 283 Frequent or repeated calls (11%)
- 261 Not given enough info to verify debt (10%)
- 195 Attempted to collect wrong amount (7%)
The top states complaints were filed from are:
- 323 Complaints: CA
- 253 Complaints: TX
- 217 Complaints: FL
- 165 Complaints: NY
- 113 Complaints: GA
- 102 Complaints: NJ
- 101 Complaints: IL
- 97 Complaints: PA
- 82 Complaints: OH
- 75 Complaints: WA
The status of the month’s complaints are as follows:
- 1846 Closed with explanation (70%)
- 367 Closed with non-monetary relief (14%)
- 193 In progress (7%)
- 112 Closed (4%)
- 81 Untimely response (3%)
- 41 Closed with monetary relief (2%)
This includes 2495 (95%) timely responses to complaints, and 145 (5%) untimely responses.
Of the company responses, consumers accepted 0 (0%) of them, disputed 241 (9%) of them, and 2399 (91%) were N\A.
The top five days for complaints were:
- 140 Complaints: Thu, 09/04/2014
- 140 Complaints: Thu, 09/25/2014
- 133 Complaints: Tue, 09/02/2014
- 131 Complaints: Mon, 09/22/2014
- 125 Complaints: Thu, 09/18/2014