Blog/ Litigation Stats

FDCPA and Other Consumer Lawsuit Statistics, July 2013

Quick analysis: Consumer litigation snapped back to “reasonably normal” levels in July, after two months in a row of steep declines. While still 10% below last year’s July, and 4% below last year’s YTD, FDCPA lawsuits are back in the range of what we have come to expect, though certainly not as high as they have been historically. FCRA and TCPA, which also suffered dips in May and June, are back to pre-slump levels. Particularly TCPA, which has been the most aggressively growing area of litigation for a couple of years now.

Full Statistics:

stats-201307

There were about 1007 lawsuits filed under consumer statutes in July 2013. Here is an approximate breakdown:

  • 888 FDCPA
  • 175 FCRA
  • 143 TCPA

Summary:

  • Of those cases, there were about 1124 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 407, or (36.2%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2135 lawsuits since 2001
  • Actions were filed in 142 different US District Court branches.
  • About 873 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 64 Lawsuits: Illinois Northern District Court – Chicago
  • 54 Lawsuits: Colorado District Court – Denver
  • 46 Lawsuits: New York Eastern District Court – Brooklyn
  • 42 Lawsuits: California Southern District Court – San Diego
  • 35 Lawsuits: Michigan Eastern District Court – Detroit
  • 31 Lawsuits: Minnesota District Court – Dmn
  • 31 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 29 Lawsuits: New Jersey District Court – Newark
  • 27 Lawsuits: California Central District Court – Los Angeles
  • 26 Lawsuits: Florida Southern District Court – Fort Lauderdale

The most active consumer attorneys were:

  • Representing 41 Consumers: Casey Shannon Nash
  • Representing 38 Consumers: Matthew James Erausquin
  • Representing 38 Consumers: Dale Wood Pittman
  • Representing 37 Consumers: Leonard Anthony Bennett
  • Representing 36 Consumers: Susan Mary Rotkis
  • Representing 31 Consumers: Sergei Lemberg
  • Representing 30 Consumers: David Michael Larson
  • Representing 22 Consumers: Daniel A Edelman
  • Representing 19 Consumers: Cathleen M Combs
  • Representing 18 Consumers: James O Latturner

Statistics Year to Date: 7313 total lawsuits for 2013, including:

  • 6410 FDCPA
  • 1213 FCRA
  • 1002 TCPA

Number of Unique Plaintiffs: 7964 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 234 Consumers: Sergei Lemberg
  • Representing 195 Consumers: Craig Thor Kimmel
  • Representing 182 Consumers: David Michael Larson
  • Representing 157 Consumers: Daniel A Edelman
  • Representing 142 Consumers: David J Philipps
  • Representing 135 Consumers: Mary Elizabeth Philipps
  • Representing 129 Consumers: Gary D Nitzkin
  • Representing 126 Consumers: Cathleen M Combs
  • Representing 121 Consumers: James O Latturner
  • Representing 110 Consumers: Amy Lynn Bennecoff

Quick analysis: Numbers continue their mid-year tumble as FDCPA, FCRA and TCPA all showed significant declines for the second month in a row. In addition to falling from the previous month, FDCPA is now down 4% over the previous year – dipping below 2012 numbers for the first time this year. TCPA is the only category that is still aggressively up over last year, but by a smaller percentage than last month as well (May was 74% over May YTD 2012, June is 61% over  June YTD in 2012). The trend – if continued – is very likely going to cause full 2013 numbers to be lower than they were in 2012.

Full Statistics:

201306-stats

There were about 823 lawsuits filed under consumer statutes in June 2013. Here is an approximate breakdown:

  • 678 FDCPA
  • 143 FCRA
  • 105 TCPA

Summary:

  • Of those cases, there were about 944 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 334, or (35.4%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1592 lawsuits since 2001
  • Actions were filed in 137 different US District Court branches.
  • About 715 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 53 Lawsuits: Illinois Northern District Court – Chicago
  • 42 Lawsuits: Colorado District Court – Denver
  • 33 Lawsuits: Minnesota District Court – Dmn
  • 32 Lawsuits: California Southern District Court – San Diego
  • 27 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 27 Lawsuits: Michigan Eastern District Court – Detroit
  • 22 Lawsuits: New York Southern District Court – Foley Square
  • 21 Lawsuits: Maryland District Court – Baltimore
  • 21 Lawsuits: New York Western District Court – Buffalo
  • 21 Lawsuits: New York Eastern District Court – Brooklyn

The most active consumer attorneys were:

  • Representing 25 Consumers: David Michael Larson
  • Representing 23 Consumers: Sergei Lemberg
  • Representing 20 Consumers: Daniel A Edelman
  • Representing 19 Consumers: Craig Thor Kimmel
  • Representing 18 Consumers: Cathleen M Combs
  • Representing 17 Consumers: James O Latturner
  • Representing 17 Consumers: Gary D Nitzkin
  • Representing 15 Consumers: Seth Andrews
  • Representing 14 Consumers: David J Philipps
  • Representing 13 Consumers: John Thomas Steinkamp

Statistics Year to Date: 6322 total lawsuits for 2013, including:

  • 5522 FDCPA
  • 1038 FCRA
  • 859 TCPA

Number of Unique Plaintiffs: 6956 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 203 Consumers: Sergei Lemberg
  • Representing 182 Consumers: Craig Thor Kimmel
  • Representing 152 Consumers: David Michael Larson
  • Representing 135 Consumers: Daniel A Edelman
  • Representing 127 Consumers: David J Philipps
  • Representing 120 Consumers: Mary Elizabeth Philipps
  • Representing 111 Consumers: Gary D Nitzkin
  • Representing 107 Consumers: Cathleen M Combs
  • Representing 103 Consumers: James O Latturner
  • Representing 101 Consumers: Jody Berke Burton

Quick analysis: May 2013 saw lawsuit filings drop dramatically across the board. FDCPA, which had been running strong compared to 2012, dropped from 7% above last year to just 1% up. FCRA increased its decline over 2012 from 8% down to 13% down, and TCPA, arguably the only holdout, decreased from 76% growth to 74% over 2012. We don’t see an obvious explanation for May’s weaker numbers, and therefore note that it is not likely to be a continuing trend.

Full Statistics:

stats-201305

There were about 946 lawsuits filed under consumer statutes in May 2013. Here is an approximate breakdown:

  • 800 FDCPA
  • 154 FCRA
  • 130 TCPA

Summary:

  • Of those cases, there were about 1015 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 365, or (36%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1964 lawsuits since 2001
  • Actions were filed in 172 different US District Court branches.
  • About 1087 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 52 Lawsuits: Colorado District Court – Denver
  • 48 Lawsuits: Illinois Northern District Court – Chicago
  • 45 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 37 Lawsuits: Michigan Eastern District Court – Detroit
  • 34 Lawsuits: New York Eastern District Court – Brooklyn
  • 30 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 29 Lawsuits: Minnesota District Court – Dmn
  • 25 Lawsuits: California Southern District Court – San Diego
  • 23 Lawsuits: California Central District Court – Los Angeles
  • 22 Lawsuits: New York Western District Court – Buffalo

The most active consumer attorneys were:

  • Representing 42 Consumers: Sergei Lemberg
  • Representing 27 Consumers: Craig Thor Kimmel
  • Representing 27 Consumers: David Michael Larson
  • Representing 24 Consumers: Gary D Nitzkin
  • Representing 23 Consumers: David J Philipps
  • Representing 20 Consumers: Daniel A Edelman
  • Representing 19 Consumers: Mary Elizabeth Philipps
  • Representing 18 Consumers: Angie K Robertson
  • Representing 15 Consumers: Cathleen M Combs
  • Representing 15 Consumers: Donald A Yarbrough

Statistics Year to Date:

5505 total lawsuits for 2013, including:

  • 4850 FDCPA
  • 891 FCRA
  • 753 TCPA

Number of Unique Plaintiffs: 6110 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 179 Consumers: Sergei Lemberg
  • Representing 163 Consumers: Craig Thor Kimmel
  • Representing 126 Consumers: David Michael Larson
  • Representing 115 Consumers: Daniel A Edelman
  • Representing 113 Consumers: David J Philipps
  • Representing 106 Consumers: Mary Elizabeth Philipps
  • Representing 99 Consumers: Amy Lynn Bennecoff
  • Representing 94 Consumers: Gary D Nitzkin
  • Representing 89 Consumers: Cathleen M Combs
  • Representing 87 Consumers: Jody Berke Burton

FDCPA and Other Consumer Lawsuit Statistics, April 2013

Quick analysis: FDCPA continues to reverse 2012’s downward trend, posting significant gains on a month-to-month basis as well as over last year. FCRA is also up significantly over last month, but it has dipped down below last year’s number, probably temporarily. Meanwhile, TCPA continues its explosive growth, coming close to doubling its numbers over last year.

stats201304

Full Statistics: There were about 1285 lawsuits filed under consumer statutes in April 2013. Here is an approximate breakdown:

  • 1125 FDCPA
  • 232 FCRA
  • 156 TCPA

Summary:

  • Of those cases, there were about 1376 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 464, or 34%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2412 lawsuits since 2001
  • Actions were filed in 172 different US District Court branches.
  • About 1087 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 73 Lawsuits: Illinois Northern District Court – Chicago
  • 61 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 52 Lawsuits: Colorado District Court – Denver
  • 36 Lawsuits: California Southern District Court – San Diego
  • 35 Lawsuits: New York Western District Court – Buffalo
  • 33 Lawsuits: New York Eastern District Court – Brooklyn
  • 32 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 31 Lawsuits: Georgia Northern District Court – Atlanta
  • 30 Lawsuits: Michigan Eastern District Court – Detroit
  • 30 Lawsuits: Indiana Southern District Court – Indianapolis

The most active consumer attorneys were:

  • Representing 45 Consumers: Craig Thor Kimmel
  • Representing 42 Consumers: Sergei Lemberg
  • Representing 28 Consumers: Daniel A Edelman
  • Representing 25 Consumers: David J Philipps
  • Representing 25 Consumers: Jody Berke Burton
  • Representing 24 Consumers: David Michael Larson
  • Representing 20 Consumers: John D Blythin
  • Representing 20 Consumers: Mark D Mailman
  • Representing 19 Consumers: David J Syrios
  • Representing 19 Consumers: Mary Elizabeth Philipps

Statistics Year to Date:

4536 total lawsuits for 2013, including:

  • 3989 FDCPA
  • 710 FCRA
  • 612 TCPA

Number of Unique Plaintiffs: 5150 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 136 Consumers: Sergei Lemberg
  • Representing 134 Consumers: Craig Thor Kimmel
  • Representing 97 Consumers: David Michael Larson
  • Representing 95 Consumers: Daniel A Edelman
  • Representing 88 Consumers: David J Philipps
  • Representing 85 Consumers: Mary Elizabeth Philipps
  • Representing 74 Consumers: Cathleen M Combs
  • Representing 74 Consumers: Jody Berke Burton
  • Representing 71 Consumers: James O Latturner
  • Representing 69 Consumers: Amy Lynn Bennecoff

FDCPA and Other Consumer Lawsuit Statistics, March 2013

Quick analysis: FDCPA appears to be bucking 2012’s downward trend, posting modest gains again on a month-to-month basis as well as year over year. FCRA is also up over 2012, but it’s growth rate is down considerably. Meanwhile, TCPA has charged out of the gate, overwhelming last year’s explosive growth by nearly doubling its numbers over this time last year. While it is still too early to make this prediction, if the trends continue this might just be the year TCPA overtakes FCRA as the second most sued-under consumer statute.

Full Statistics:

stats201303 There were about 1139 lawsuits filed under consumer statutes in March 2013. Here is an approximate breakdown:

  • 987 FDCPA
  • 168 FCRA
  • 141 TCPA

Summary:

  • Of those cases, there were about 1177 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 435, or 37%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2103 lawsuits since 2001
  • Actions were filed in 160 different US District Court branches.
  • About 944 different collection firms and creditors were sued.

 

The top courts where lawsuits were filed:

  • 66 Lawsuits: Illinois Northern District Court – Chicago
  • 49 Lawsuits: New York Eastern District Court – Brooklyn
  • 48 Lawsuits: California Southern District Court – San Diego
  • 47 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 46 Lawsuits: Colorado District Court – Denver
  • 41 Lawsuits: Michigan Eastern District Court – Detroit
  • 40 Lawsuits: Minnesota District Court – Dmn
  • 31 Lawsuits: California Central District Court – Los Angeles
  • 31 Lawsuits: New Jersey District Court – Newark
  • 26 Lawsuits: Wisconsin Eastern District Court – Milwaukee

The most active consumer attorneys were:

  • Representing 32 Consumers: Craig Thor Kimmel
  • Representing 28 Consumers: Sergei Lemberg
  • Representing 27 Consumers: David J Philipps
  • Representing 27 Consumers: Mary Elizabeth Philipps
  • Representing 26 Consumers: David Michael Larson
  • Representing 24 Consumers: Gary D Nitzkin
  • Representing 22 Consumers: Angie K Robertson
  • Representing 21 Consumers: Jody Berke Burton
  • Representing 20 Consumers: Amy Lynn Bennecoff
  • Representing 18 Consumers: John D Blythin

Statistics Year to Date:

3262 total lawsuits for , including:

  • 2864 FDCPA
  • 624 FCRA
  • 478 TCPA

Number of Unique Plaintiffs: 3836 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

Representing 94 Consumers: Sergei Lemberg
Representing 80 Consumers: Craig Thor Kimmel
Representing 73 Consumers: David Michael Larson
Representing 67 Consumers: Daniel A Edelman
Representing 63 Consumers: David J Philipps
Representing 55 Consumers: Cathleen M Combs
Representing 55 Consumers: James O Latturner
Representing 55 Consumers: Gary D Nitzkin
Representing 47 Consumers: Angie K Robertson
Representing 47 Consumers: Mary Elizabeth Philipps

Quick analysis:  February rolled along pretty much as January did, holding FDCPA, FCRA and TCPA litigation fairly steady. Look for a solid springtime of consistent, if slightly increasing, litigation coming from consumers and their attorneys.

Full Statistics:

stats-201302

There were about 1043 lawsuits filed under consumer statutes in February 2013. Here is an approximate breakdown:

  • 934 FDCPA
  • 152 FCRA
  • 159 TCPA

Summary:

  • Of those cases, there were about 1544 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 469, or 30%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2498 lawsuits since 2001
  • Actions were filed in 152 different US District Court branches.
  • About 856 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 75 Lawsuits: Illinois Northern District Court – Chicago
  • 46 Lawsuits: Minnesota District Court – Dmn
  • 40 Lawsuits: Colorado District Court – Denver
  • 38 Lawsuits: New York Eastern District Court – Brooklyn
  • 33 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 31 Lawsuits: California Southern District Court – San Diego
  • 29 Lawsuits: New York Southern District Court – Foley Square
  • 25 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 24 Lawsuits: California Central District Court – Los Angeles
  • 24 Lawsuits: New York Eastern District Court – Central Islip

The most active consumer attorneys were:

  • Representing 426 Consumers: Deron Colby
  • Representing 426 Consumers: Sasan K Behnood
  • Representing 426 Consumers: Vito Torchia
  • Representing 34 Consumers: Sergei Lemberg
  • Representing 24 Consumers: David Michael Larson
  • Representing 23 Consumers: Craig Thor Kimmel
  • Representing 22 Consumers: Daniel A Edelman
  • Representing 21 Consumers: Shireen Hormozdi
  • Representing 19 Consumers: Cathleen M Combs
  • Representing 19 Consumers: James O Latturner

Statistics Year to Date: 2133 total lawsuits for , including:

  • 1866 FDCPA
  • 307 FCRA
  • 312 TCPA

Number of Unique Plaintiffs: 2726 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 426 Consumers: Deron Colby
  • Representing 426 Consumers: Sasan K Behnood
  • Representing 426 Consumers: Vito Torchia
  • Representing 66 Consumers: Sergei Lemberg
  • Representing 52 Consumers: Daniel A Edelman
  • Representing 49 Consumers: Craig Thor Kimmel
  • Representing 47 Consumers: David Michael Larson
  • Representing 43 Consumers: James O Latturner
  • Representing 42 Consumers: Cathleen M Combs
  • Representing 36 Consumers: David J Philipps

Quick analysis:  Well, this was the first month of 2013, and so far there is no indication that 2013 will be much different than 2012. FDCPA and FCRA remained at predictable levels, though there is a slightly higher than expected trajectory for TCPA litigation so far. As the fastest growing segment, many industry watchers will be keeping a close eye on TCPA over the coming year.

 

Comparisons:

Current Period

Previous Period

Previous Year Comp

Jan 1 – 31, 2013

Dec 1 – 31, 2012

Jan 1 – 31, 2012

 

FDCPA lawsuits

932

872

6.9%

867

7%

FCRA lawsuits

155

160

-3.1%

175

-11%

TCPA lawsuits

153

123

24.4%

84

82%

 

YTD FDCPA lawsuits

932

867

7%

YTD FCRA lawsuits

155

175

-11%

YTD TCPA lawsuits

153

84

82%

There were about 1079 lawsuits filed under consumer statutes in the  half of January 2013. Here is an approximate breakdown:

  • 932 FDCPA
  • 155 FCRA
  • 153 TCPA

Summary:

  • Of those cases, there were about 1210 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 366, or 30%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2186 lawsuits since 2001
  • Actions were filed in 167 different US District Court branches.
  • About 754 different collection firms and creditors were sued.

 

The top courts where lawsuits were filed:

  • 66 Lawsuits: Illinois Northern District Court – Chicago
  • 51 Lawsuits: New York Eastern District Court – Brooklyn
  • 49 Lawsuits: Colorado District Court – Denver
  • 43 Lawsuits: Minnesota District Court – Dmn
  • 35 Lawsuits: California Southern District Court – San Diego
  • 34 Lawsuits: California Central District Court – Los Angeles
  • 31 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 30 Lawsuits: Michigan Eastern District Court – Detroit
  • 26 Lawsuits: Georgia Northern District Court – Atlanta
  • 24 Lawsuits: Missouri Eastern District Court – St. Louis – Eastern Division

The most active consumer attorneys were:

  • Representing 32 Consumers: Sergei Lemberg
  • Representing 30 Consumers: Daniel A Edelman
  • Representing 30 Consumers: Thomas Espinosa
  • Representing 25 Consumers: Craig Thor Kimmel
  • Representing 24 Consumers: James O Latturner
  • Representing 23 Consumers: David Michael Larson
  • Representing 23 Consumers: Cathleen M Combs
  • Representing 20 Consumers: Mark L Vavreck
  • Representing 19 Consumers: Gary D Nitzkin
  • Representing 18 Consumers: David J Philipps

Statistics Year to Date:

1079 total lawsuits for 2013, including:

  • 932 FDCPA
  • 155 FCRA
  • 153 TCPA

Number of Unique Plaintiffs: 1210 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 32 Consumers: Sergei Lemberg
  • Representing 30 Consumers: Daniel A Edelman
  • Representing 30 Consumers: Thomas Espinosa
  • Representing 25 Consumers: Craig Thor Kimmel
  • Representing 24 Consumers: James O Latturner
  • Representing 23 Consumers: David Michael Larson
  • Representing 23 Consumers: Cathleen M Combs
  • Representing 20 Consumers: Mark L Vavreck
  • Representing 19 Consumers: Gary D Nitzkin
  • Representing 18 Consumers: David J Philipps

Quick analysis: Well, this is the final report for the year 2012, and it ended pretty much as it was expected to. Since very early last year, the trend has been FDCPA suits are slightly down, FCRA and TCPA suits are significantly up. The final tally is as follows:

  • FDCPA: 11,495 (2012) vs. 12,298 (2011), down 7%
  • FCRA: 2249 (2012) vs. 1930 (2011), up 17%
  • TCPA: 1101 (2012) vs. 825 (2011), up 34%

You can expect these numbers to be slightly revised after we have had time to more thoroughly review the year, but don’t expect any major reversals of these trends.

Here are some year-over-year numbers for you:

Full Statistics:

There were about 436 lawsuits filed under consumer statutes in the second half of December 2012. Here is an approximate breakdown:

• 358 FDCPA
• 73 FCRA
• 49 TCPA

Summary:

• Of those cases, there were about 474 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 171, or 36%, had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 961 lawsuits since 2001
• Actions were filed in 285 different US District Court branches.
• About 484 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

• 28 Lawsuits: New York Eastern District Court – Brooklyn
• 27 Lawsuits: Illinois Northern District Court – Chicago
• 24 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 20 Lawsuits: Colorado District Court – Denver
• 18 Lawsuits: New York Southern District Court – Foley Square
• 13 Lawsuits: Minnesota District Court – Dmn
• 11 Lawsuits: New Jersey District Court – Newark
• 10 Lawsuits: New Jersey District Court – Camden
• 10 Lawsuits: California Southern District Court – San Diego
• 9 Lawsuits: Massachusetts District Court – Boston

The most active consumer attorneys were:

• Representing 18 Consumers: Gus M Centrone
• Representing 18 Consumers: Thomas A Lash
• Representing 15 Consumers: David M Larson
• Representing 13 Consumers: Daniel A Edelman
• Representing 12 Consumers: Craig Thor Kimmel
• Representing 12 Consumers: Matthew James Erausquin
• Representing 10 Consumers: Leonard Anthony Bennett
• Representing 9 Consumers: Sergei Lemberg
• Representing 8 Consumers: Adam J Fishbein
• Representing 8 Consumers: Casey Shannon Nash

Statistics Year to Date:

12735 total lawsuits for 2012, including:

• 11495 FDCPA
• 2249 FCRA
• 1101 TCPA

Number of Unique Plaintiffs: 12566 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year (Special Top Ten for this Year-End Report):

• Representing 365 Consumers: Sergei Lemberg
• Representing 355 Consumers: David M Larson
• Representing 280 Consumers: Craig T Kimmel
• Representing 200 Consumers: Gary D Nitzkin
• Representing 198 Consumers: Adam J Fishbein
• Representing 195 Consumers: David J Philipps
• Representing 161 Consumers: George T Martin Iii
• Representing 155 Consumers: Daniel A Edelman
• Representing 147 Consumers: Tammy L Hussin
• Representing 140 Consumers: Dennis R Kurz

 

Quick analysis: While it has made some small gains from earlier this year, FDCPA litigation is on track to end 2012 with close to 11,500 lawsuits, down from over 12,000 for 2011. With one more period to go, we are over 11,000 as of Dec 15, 2012. Meanwhile, TCPA and FCRA litigation continue strong, despite a perceived drop in TCPA, actually caused by an anomalous lawsuit in the same period last year that had 168 plaintiffs on one large lawsuit.

 

Full Statistics:

 

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Dec  1 – 15, 2012

Nov 16 – 30, 2012

Dec 1 – 15, 2011

 

FDCPA lawsuits

499

385

29.6%

574

-13%

FCRA lawsuits

86

82

4.9%

51

69%

TCPA lawsuits

45

48

-6.3%

188

-76%

 

YTD FDCPA lawsuits

11040

11362

-3%

YTD FCRA lawsuits

2157

1776

21%

YTD TCPA lawsuits

1034

765

35%

 

There were about 502 lawsuits filed under consumer statutes in the second half of December 2012. Here is an approximate breakdown:

  • 499 FDCPA
  • 86 FCRA
  • 45 TCPA

Summary:

  • Of those cases, there were about 538 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 186, or 35%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1000 lawsuits since 2001
  • Actions were filed in 281 different US District Court branches.
  • About 479 different collection firms and creditors were sued.

 

 

The top courts where lawsuits were filed:

  • 34 Lawsuits: Colorado District Court – Denver
  • 24 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 23 Lawsuits: Illinois Northern District Court – Chicago
  • 19 Lawsuits: Michigan Eastern District Court – Detroit
  • 18 Lawsuits: Georgia Northern District Court – Atlanta
  • 14 Lawsuits: New York Southern District Court – Foley Square
  • 14 Lawsuits: Minnesota District Court – Dmn
  • 14 Lawsuits: New Jersey District Court – Newark
  • 13 Lawsuits: Arizona District Court – Phoenix
  • 11 Lawsuits: Tennessee Eastern District Court – Greeneville

The most active consumer attorneys were:

  • Representing 20 Consumers: David Michael Larson
  • Representing 15 Consumers: Daniel A Edelman
  • Representing 12 Consumers: James O Latturner
  • Representing 12 Consumers: Cathleen M Combs
  • Representing 12 Consumers: Adam G Taub
  • Representing 11 Consumers: Sergei Lemberg
  • Representing 9 Consumers: Tammy L Hussin
  • Representing 9 Consumers: Alexander Daniel Weisberg
  • Representing 9 Consumers: Alan C Lee
  • Representing 8 Consumers: Larry Paul Smith

Statistics Year to Date:

 

12268 total lawsuits for 2012, including:

  • 11040 FDCPA
  • 2157 FCRA
  • 1034 TCPA

Number of Unique Plaintiffs: 12133 (including multiple plaintiffs in one suit)

 

The most active consumer attorneys of the year:

  • Representing 353 Consumers: Sergei Lemberg
  • Representing 339 Consumers: David M Larson
  • Representing 268 Consumers: Craig T Kimmel
  • Representing 198 Consumers: Gary D Nitzkin
  • Representing 187 Consumers: David J Philipps

Quick analysis: It was a slow period for all litigation due to the Thanksgiving holiday, but it was a really slow period for FDCPA litigation, even taking the holiday into account. While FCRA and TCPA dipped from last period (15.5% and 7.7%, respectively) they were both still up from last year in the same period (19% and 100%, respectively). In contrast, FDCPA was down 23.3% from last period and 11% from the same period last year, continuing its trend to finish the year down in the area of 6-7% from 2011.

Full Statistics:

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Nov 16 – 30, 2012

Nov 1 – 15, 2012

Nov 16 – 30, 2011

 

FDCPA lawsuits

385

502

-23.3%

433

-11%

FCRA lawsuits

82

97

-15.5%

69

19%

TCPA lawsuits

48

52

-7.7%

24

100%

 

YTD FDCPA lawsuits

10541

11221

-6%

YTD FCRA lawsuits

2071

1794

15%

YTD TCPA lawsuits

989

601

65%

There were about 453 lawsuits filed under consumer statutes in the second half of November 2012. Here is an approximate breakdown:

  • 385 FDCPA
  • 82 FCRA
  • 48 TCPA

Summary:

  • Of those cases, there were about 510 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 186, or 36%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1000 lawsuits since 2001
  • Actions were filed in 278 different US District Court branches.
  • About 497 different collection firms and creditors were sued.

 

The top courts where lawsuits were filed:

  • 27 Lawsuits: Colorado District Court – Denver
  • 27 Lawsuits: New York Eastern District Court – Brooklyn
  • 25 Lawsuits: Minnesota District Court – Dmn
  • 24 Lawsuits: Illinois Northern District Court – Chicago
  • 22 Lawsuits: California Central District Court – Los Angeles
  • 17 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 14 Lawsuits: Maryland District Court – Greenbelt
  • 14 Lawsuits: Michigan Eastern District Court – Detroit
  • 12 Lawsuits: New York Southern District Court – Foley Square
  • 11 Lawsuits: Florida Southern District Court – Fort Lauderdale

The most active consumer attorneys were:

  • Representing 18 Consumers: Sergei Lemberg
  • Representing 16 Consumers: Zoe Jayde Dolan
  • Representing 16 Consumers: Scott Adam Kamber
  • Representing 14 Consumers: Craig Thor Kimmel
  • Representing 13 Consumers: David Michael Larson
  • Representing 12 Consumers: Mary Elizabeth Philipps
  • Representing 12 Consumers: David J Philipps
  • Representing 12 Consumers: Angie K Robertson
  • Representing 11 Consumers: Tammy L Hussin
  • Representing 10 Consumers: Daniel A Edelman

Statistics Year to Date:

11,775 total lawsuits for 2012, including:

  • 10541 FDCPA
  • 2071 FCRA
  • 989 TCPA

Number of Unique Plaintiffs: 11665 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 342 Consumers: Sergei Lemberg
  • Representing 272 Consumers: Craig T Kimmel
  • Representing 256 Consumers: David M Larson
  • Representing 191 Consumers: Gary D Nitzkin
  • Representing 185 Consumers: David J Philipps