Quick analysis: No surprises this period. FDCPA litigation is still lackluster compared to last period and last year, while FCRA and TCPA are both up from last period and last year. The only interesting trend is that FDCPA does appear to be slowly narrowing the gap between this year and last year. Two months ago, the difference was 3.2%. Six weeks ago it spiked to 6.7%, four weeks ago it was 7%, two weeks ago it was 5.4%, and now it is 4.1%. This shows the spike may have been an anomaly, and if current trends continue it may eventually close the gap altogether.
| Comparisons: | Current Period | Previous Period | Previous Year Comp | ||
| . | Aug 1 – 15, 2012 | July 16 – 31, 2012 | Aug 1 – 15, 2011 | ||
| FDCPA lawsuits | 525 | 567 | -7.4% | 448 | 17.2% |
| FCRA lawsuits | 104 | 84 | 23.8% | 74 | 40.5% |
| TCPA lawsuits | 45 | 43 | 4.7% | 23 | 95.7% |
| YTD FDCPA lawsuits | 7230 | 7539 | -4.1% | ||
| YTD FCRA lawsuits | 1455 | 907 | 60.4% | ||
| YTD TCPA lawsuits | 658 | 439 | 49.9% | ||
Full Statistics:
There were about 589 lawsuits filed under consumer statutes in the second half of August 2012. Here is an approximate breakdown:
- 525 FDCPA
- 104 FCRA
- 45 TCPA
Summary:
- Of those cases, there were about 636 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 233, or 37%, had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 1259 lawsuits since 2001
- Actions were filed in 125 different US District Court branches.
- About 641 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 35 Lawsuits: Colorado District Court – Denver
- 30 Lawsuits: Illinois Northern District Court – Chicago
- 26 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
- 25 Lawsuits: Michigan Eastern District Court – Detroit
- 22 Lawsuits: New York Eastern District Court – Brooklyn
- 18 Lawsuits: Georgia Northern District Court – Atlanta
- 18 Lawsuits: Minnesota District Court – Dmn
- 13 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 13 Lawsuits: New Jersey District Court – Newark
- 12 Lawsuits: California Northern District Court – San Francisco
The most active consumer attorneys were:
- Representing 30 Consumers: Sergei Lemberg
- Representing 20 Consumers: Dennis R Kurz
- Representing 16 Consumers: Gary D Nitzkin
- Representing 15 Consumers: David M Larson
- Representing 11 Consumers: Thomas J Lyons Sr
- Representing 10 Consumers: Adam J Fishbein
- Representing 10 Consumers: David Wynn Miller
- Representing 10 Consumers: Benjamin Hans Crumley
- Representing 9 Consumers: Kevin P Sullivan
- Representing 8 Consumers: Elliot Wayne Gale
Statistics Year to Date:
8131 total lawsuits for 2012, including:
- 7230 FDCPA
- 1455 FCRA
- 658 TCPA
Number of Unique Plaintiffs: 8198 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 230 Consumers: Sergei Lemberg
- Representing 209 Consumers: David M Larson
- Representing 180 Consumers: Craig T Kimmel
- Representing 136 Consumers: Dennis R Kurz
- Representing 131 Consumers: Gary D Nitzkin