FDCPA and Other Consumer Lawsuit Statistics, May 16-31, 2012
Quick analysis: FDCPA litigation rebounded from last period but continues an overall decline from 2011’s record numbers, slipping to 6.4% below last years total. However, it is significant to note that last year in the same period there was a single lawsuit with 100 plaintiffs alleging both FDCPA and TCPA claims. That one suit accounts for most of the additional decline from last period, when the YTD numbers were 4.6% below the previous YTD.
TCPA and FCRA are both continuing to show strong growth over last year, even with the above-mentioned 100-plaintiff case skewing last year’s TCPA totals. Both statutes are clearly on track to significantly surpass last year’s totals.
| Comparisons: | Current Period | Previous Period | Previous Year Comp | ||
| . | May 16 – 31, 2012 | May 1 – 15, 2012 | May 16 – 31, 2011 | ||
| FDCPA lawsuits | 538 | 443 | 21.4% | 657 | -18.1% |
| FCRA lawsuits | 119 | 109 | 9.2% | 49 | 142.9% |
| TCPA lawsuits | 40 | 42 | -4.8% | 124 | -67.7% |
| TILA lawsuits | 83 | 23 | 260.9% | 33 | 151.5% |
| YTD FDCPA lawsuits | 4640 | 4956 | -6.4% | ||
| YTD FCRA lawsuits | 977 | 538 | 81.6% | ||
| YTD TCPA lawsuits | 423 | 322 | 31.4% | ||
| YTD TILA lawsuits | 402 | 540 | -25.6% | ||
Full Statistics:
There were about 605 lawsuits filed under consumer statutes in the second half of May 2012. Here is an approximate breakdown:
- 538 FDCPA
- 119 FCRA
- 40 TCPA
- 83 TILA
Summary:
- Of those cases, there were about 702 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 230, or 33%, had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 1346 lawsuits since 2001
- Actions were filed in 123 different US District Court branches.
- About 720 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 41 Lawsuits: California Central District Court – Western Division – Los Angeles
- 39 Lawsuits: Illinois Northern District Court – Chicago
- 36 Lawsuits: New York Eastern District Court – Brooklyn
- 31 Lawsuits: Colorado District Court – Denver
- 24 Lawsuits: California Northern District Court – San Francisco
- 18 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 16 Lawsuits: Minnesota District Court – Dmn
- 16 Lawsuits: Florida Middle District Court – Orlando
- 15 Lawsuits: California Southern District Court – San Diego
- 15 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
The most active consumer attorneys were:
- Representing 53 Consumers: Robin R Horner
- Representing 23 Consumers: Arshak Bartoumian
- Representing 21 Consumers: Craig T Kimmel
- Representing 17 Consumers: G Thomas Martin Iii
- Representing 16 Consumers: David M Larson
- Representing 14 Consumers: Samuel A Ehrenfeld
- Representing 13 Consumers: Gary D Nitzkin
- Representing 13 Consumers: Adam J Fishbein
- Representing 12 Consumers: Donald A Yarbrough
- Representing 12 Consumers: Hashim Rahman
Statistics Year to Date:
5291 total lawsuits for 2012, including:
- 4640 FDCPA
- 977 FCRA
- 423 TCPA
- 402 TILA
Number of Unique Plaintiffs: 5423 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 139 Consumers: David M Larson
- Representing 136 Consumers: Sergei Lemberg
- Representing 133 Consumers: Craig T Kimmel
- Representing 89 Consumers: David J Philipps
- Representing 82 Consumers: Dennis R Kurz