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

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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