Blog/ Litigation Stats

Quick analysis:  Status quo… Full year FDCPA litigation is still on track to be about 6% down from 2011. FCRA saw a small spike this period, while it, with TCPA, are still on track to close significantly up from 2011.

 

Full Statistics:

 

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Nov 1 – 15, 2012

Oct 16 – 31, 2012

Nov 1 – 15, 2011

 

FDCPA lawsuits

502

527

-4.7%

475

6%

FCRA lawsuits

97

65

49.2%

84

15%

TCPA lawsuits

57

67

-14.9%

26

119%

 

YTD FDCPA lawsuits

10154

10788

-6%

YTD FCRA lawsuits

1989

1725

15%

YTD TCPA lawsuits

941

577

63%

 

There were about 561 lawsuits filed under consumer statutes in the first half of November 2012. Here is an approximate breakdown:

  • 502 FDCPA
  • 97 FCRA
  • 52 TCPA

Summary:

  • Of those cases, there were about 622 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 208, or 33%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1162 lawsuits since 2001
  • Actions were filed in 274 different US District Court branches.
  • About 619 different collection firms and creditors were sued.

 

 

 

 

The top courts where lawsuits were filed:

  • 36 Lawsuits: Illinois Northern District Court – Chicago
  • 31 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 26 Lawsuits: Colorado District Court – Denver
  • 21 Lawsuits: California Central District Court – Los Angeles
  • 20 Lawsuits: New York Western District Court – Buffalo
  • 18 Lawsuits: California Southern District Court – San Diego
  • 17 Lawsuits: Minnesota District Court – Dmn
  • 14 Lawsuits: Georgia Northern District Court – Atlanta
  • 14 Lawsuits: Michigan Eastern District Court – Detroit
  • 13 Lawsuits: New York Eastern District Court – Brooklyn

The most active consumer attorneys were:

  • Representing 25 Consumers: Mary Elizabeth Philipps
  • Representing 25 Consumers: David J Philipps
  • Representing 23 Consumers: Angie K Robertson
  • Representing 21 Consumers: Craig Thor Kimmel
  • Representing 15 Consumers: Sergei Lemberg
  • Representing 15 Consumers: Kenneth R Hiller
  • Representing 13 Consumers: Todd S Dion
  • Representing 13 Consumers: David Michael Larson
  • Representing 13 Consumers: Daniel A Edelman
  • Representing 12 Consumers: Seth Andrews

Statistics Year to Date:

11333 total lawsuits for 2012, including:

  • 10154 FDCPA
  • 1989 FCRA
  • 941 TCPA

Number of Unique Plaintiffs: 11229 (including multiple plaintiffs in one suit)

 

The most active consumer attorneys of the year:

  • Representing 324 Consumers: Sergei Lemberg
  • Representing 256 Consumers: David M Larson
  • Representing 248 Consumers: Craig T Kimmel
  • Representing 180 Consumers: Gary D Nitzkin
  • Representing 173 Consumers: David J Philipps

Quick analysis: FDCPA lawsuits are still on track to finish the year somewhere in the mid-to-high 10k range, down 6% from this time last year. FCRA cools a little in comparison to an abnormal spike last period. However, both FCRA and TCPA lawsuits have roared past their full year 2011 numbers of 1883 (FCRA) and 813 (TCPA) this month, with two full months of 2012 left to set new records.

Full Statistics:

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Oct 16 – 31, 2012

Oct 1 – 15, 2012

Oct 16 – 31, 2011

 

FDCPA lawsuits

527

532

-0.9%

506

4%

FCRA lawsuits

65

105

-38.1%

84

-23%

TCPA lawsuits

67

40

67.5%

26

158%

 

YTD FDCPA lawsuits

9655

10313

-6%

YTD FCRA lawsuits

1894

1641

15%

YTD TCPA lawsuits

888

563

58%

 

There were about 578 lawsuits filed under consumer statutes in the second half of October 2012. Here is an approximate breakdown:

  • 527 FDCPA
  • 65 FCRA
  • 67 TCPA

Summary:

  • Of those cases, there were about 621 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 235, or 38%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1361 lawsuits since 2001
  • Actions were filed in 272 different US District Court branches.
  • About 566 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 28 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 28 Lawsuits: Illinois Central District Court – Urbana
  • 27 Lawsuits: Colorado District Court – Denver
  • 25 Lawsuits: Indiana Southern District Court – Indianapolis
  • 24 Lawsuits: California Central District Court – Los Angeles
  • 19 Lawsuits: New York Eastern District Court – Brooklyn
  • 18 Lawsuits: California Southern District Court – San Diego
  • 17 Lawsuits: Minnesota District Court – Dmn
  • 17 Lawsuits: Georgia Northern District Court – Atlanta
  • 13 Lawsuits: New Jersey District Court – Newark

 

The most active consumer attorneys were:

  • Representing 16 Consumers: Sergei Lemberg
  • Representing 15 Consumers: Aryeh L Pomerantz
  • Representing 14 Consumers: David M Larson
  • Representing 12 Consumers: Craig T Kimmel
  • Representing 11 Consumers: John T Steinkamp
  • Representing 10 Consumers: David Wynn Miller
  • Representing 10 Consumers: Daniel A Edelman
  • Representing 8 Consumers: Joseph M Meinhardt
  • Representing 8 Consumers: David W Skall
  • Representing 7 Consumers: Tammy L Hussin

Statistics Year to Date:

10784 total lawsuits for 2012, including:

  • 9655 FDCPA
  • 1894 FCRA
  • 888 TCPA

Number of Unique Plaintiffs: 10686 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 310 Consumers: Sergei Lemberg
  • Representing 293 Consumers: David M Larson
  • Representing 228 Consumers: Craig T Kimmel
  • Representing 177 Consumers: Gary D Nitzkin
  • Representing 155 Consumers: George T Martin

Quick analysis: FDCPA and FCRA are up quite a bit over last period, TCPA is down a little. But the real news is that we can now project FDCPA will finish the year at around 10,500 suits, down from 12,018 in 2011. Both FCRA and TCPA will finish the year strongly ahead of 2011. In fact both statutes, as of Oct 15, have met or surpassed 2011 volumes.

 

Full Statistics:

 

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Oct 1 – 15, 2012

Sept 16 – 30, 2012

Oct 1 – 15, 2011

 

FDCPA lawsuits

532

436

22.0%

469

13%

FCRA lawsuits

105

73

43.8%

78

35%

TCPA lawsuits

40

41

-2.4%

30

33%

 

YTD FDCPA lawsuits

9117

9902

-8%

YTD FCRA lawsuits

1825

1571

16%

YTD TCPA lawsuits

821

544

51%

 

There were about 546 lawsuits filed under consumer statutes in the first half of October 2012. Here is an approximate breakdown:

  • 532 FDCPA
  • 105 FCRA
  • 40 TCPA

Summary:

  • Of those cases, there were about 617 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 232, or 38%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1186 lawsuits since 2001
  • Actions were filed in 270 different US District Court branches.
  • About 615 different collection firms and creditors were sued.

 

 

The top courts where lawsuits were filed:

  • 42 Lawsuits: Illinois Central District Court – Urbana
  • 31 Lawsuits: California Central District Court – Los Angeles
  • 20 Lawsuits: Minnesota District Court – Dmn
  • 19 Lawsuits: Colorado District Court – Denver
  • 19 Lawsuits: Indiana Southern District Court – Indianapolis
  • 17 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 16 Lawsuits: Ohio Northern District Court – Cleveland
  • 16 Lawsuits: New Jersey District Court – Newark
  • 14 Lawsuits: Michigan Eastern District Court – Detroit
  • 14 Lawsuits: California Southern District Court – San Diego

The most active consumer attorneys were:

  • Representing 45 Consumers: Dale Wood Pittman
  • Representing 26 Consumers: Sergei Lemberg
  • Representing 12 Consumers: David Michael Larson
  • Representing 12 Consumers: John Thomas Steinkamp
  • Representing 10 Consumers: Mark H Rephen
  • Representing 10 Consumers: Vahag Matevosian
  • Representing 8 Consumers: David Wynn Miller
  • Representing 7 Consumers: Brent F Vullings
  • Representing 7 Consumers: Daniel A Edelman
  • Representing 7 Consumers: David J Philipps

Statistics Year to Date:

10207 total lawsuits for 2012, including:

  • 9117 FDCPA
  • 1825 FCRA
  • 821 TCPA

Number of Unique Plaintiffs: 10148 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 294 Consumers: Sergei Lemberg
  • Representing 279 Consumers: David M Larson
  • Representing 215 Consumers: Craig T Kimmel
  • Representing 205 Consumers: G Thomas Martin Iii
  • Representing 172 Consumers: Gary D Nitzkin

Quick analysis: FDCPA and TCPA are slightly up and FCRA is down from last period. Nothing too shocking. However, YTD comparisons look extreme. Don’t let appearances fool you, this is explained by some anomalous lawsuits filed one year ago, packing hundreds of plaintiffs into two FDCPA and FCRA actions. This pushes FDCPA further behind last year (by 9%), and FCRA much closer to last year’s number, though still significantly above it (by 15%).

 

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Sept 16 – 30, 2012

Sept 1 – 15, 2012

Sept 16 – 30, 2011

 

FDCPA lawsuits

436

431

1.2%

858

-49%

FCRA lawsuits

73

94

-22.3%

466

-84%

TCPA lawsuits

41

35

17.1%

406

-90%

 

YTD FDCPA lawsuits

8588

9433

-9%

YTD FCRA lawsuits

1720

1493

15%

YTD TCPA lawsuits

782

514

52%

 

 

Full Statistics: There were about 471 lawsuits filed under consumer statutes in the second half of September 2012. Here is an approximate breakdown:

  • 436 FDCPA
  • 73 FCRA
  • 41 TCPA

Summary:

  • Of those cases, there were about 516 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 163, or 32%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1002 lawsuits since 2001
  • Actions were filed in 272 different US District Court branches.
  • About 503 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 29 Lawsuits: Illinois Central District Court – Urbana
  • 29 Lawsuits: Colorado District Court – Denver
  • 21 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 19 Lawsuits: California Central District Court – Los Angeles
  • 17 Lawsuits: Michigan Eastern District Court – Detroit
  • 15 Lawsuits: New York Eastern District Court – Brooklyn
  • 15 Lawsuits: Minnesota District Court – Dmn
  • 13 Lawsuits: Indiana Southern District Court – Indianapolis
  • 12 Lawsuits: Ohio Northern District Court – Cleveland
  • 12 Lawsuits: Georgia Northern District Court – Atlanta

The most active consumer attorneys were:

  • Representing 33 Consumers: Peter J Cozmyk
  • Representing 20 Consumers: George Thomas Martin, Iii
  • Representing 15 Consumers: Sergei Lemberg
  • Representing 13 Consumers: George Efthios Bassias
  • Representing 11 Consumers: Barbara Cruise
  • Representing 11 Consumers: Cathryn Lafayette
  • Representing 11 Consumers: Grace Adams
  • Representing 11 Consumers: Humza Al-Hafeez
  • Representing 11 Consumers: John Crockett
  • Representing 11 Consumers: Marilyn Judah

Statistics Year to Date:

9666 total lawsuits for 2012, including:

  • 8588 FDCPA
  • 1720 FCRA
  • 782 TCPA

Number of Unique Plaintiffs: 9629 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 268 Consumers: Sergei Lemberg
  • Representing 267 Consumers: David M Larson
  • Representing 213 Consumers: Craig T Kimmel
  • Representing 200 Consumers: George T Martin Iii
  • Representing 165 Consumers: Gary D Nitzkin

Quick analysis: It was a weak period for all consumer litigation, with FDCPA, FCRA and TCPA all down from the last half of August. FCRA and TCPA are both holding strong YTD, each above 50% over YTD 2011.

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Sept 1 – 15, 2012

August 16 – 31, 2012

Sept 1 – 15, 2011

 

FDCPA lawsuits

431

491

-12.2%

455

-5.3%

FCRA lawsuits

94

100

-6.0%

91

3.3%

TCPA lawsuits

35

57

-38.6%

36

-2.8%

 

YTD FDCPA lawsuits

8152

8575

-4.9%

YTD FCRA lawsuits

1647

1086

51.7%

YTD TCPA lawsuits

741

481

54.1%

Full Statistics: There were about 497 lawsuits filed under consumer statutes in the first half of September 2012. Here is an approximate breakdown:

  • 431 FDCPA
  • 94 FCRA
  • 35 TILA

Summary:

  • Of those cases, there were about 512 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 192, or 38%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1141 lawsuits since 2001
  • Actions were filed in 270 different US District Court branches.
  • About 528 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 33 Lawsuits: California Central District Court – Los Angeles
  • 30 Lawsuits: New York Eastern District Court – Brooklyn
  • 25 Lawsuits: Illinois Central District Court – Urbana
  • 23 Lawsuits: Colorado District Court – Denver
  • 20 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 19 Lawsuits: Minnesota District Court – Dmn
  • 16 Lawsuits: New Jersey District Court – Newark
  • 12 Lawsuits: New York Western District Court – Buffalo
  • 11 Lawsuits: California Northern District Court – San Francisco
  • 11 Lawsuits: Michigan Eastern District Court – Detroit

The most active consumer attorneys were:

  • Representing 23 Consumers: George T Martin III
  • Representing 18 Consumers: Aryeh L Pomerantz
  • Representing 15 Consumers: Everett H Mechem
  • Representing 13 Consumers: Patrick J. Ascione
  • Representing 11 Consumers: Adam Jon Fishbein
  • Representing 10 Consumers: Arshak Bartoumian
  • Representing 10 Consumers: Benjamin Hans Crumley
  • Representing 10 Consumers: David M Larson
  • Representing 9 Consumers: Joseph M Meinhardt
  • Representing 9 Consumers: Sergei Lemberg

Statistics Year to Date:

9198 total lawsuits for 2012, including:

  • 8152 FDCPA
  • 1647 FCRA
  • 741 TCPA

Number of Unique Plaintiffs: 9162 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 253 Consumers: David M Larson
  • Representing 253 Consumers: Sergei Lemberg
  • Representing 206 Consumers: Craig T Kimmel
  • Representing 155 Consumers: Gary D Nitzkin
  • Representing 139 Consumers: Dennis R Kurz

Quick analysis: Year-to-date FDCPA litigation continues to lag behind 2011, with the gap now at 4.8% below last year’s record numbers. FCRA and TCPA continue strong showings, both up around 55% over last year.

Comparisons:

Current Period

Previous Period

Previous Year Comp

.

Aug 16 – 31, 2012

August 1 – 15, 2012

Aug 16 – 31, 2011

 

FDCPA lawsuits

491

525

-6.5%

448

9.6%

FCRA lawsuits

100

104

-3.8%

74

35.1%

TCPA lawsuits

57

45

26.7%

23

147.8%

 

YTD FDCPA lawsuits

7706

8094

-4.8%

YTD FCRA lawsuits

1545

992

55.7%

YTD TCPA lawsuits

706

458

54.1%

 

 


Full Statistics:

There were about 581 lawsuits filed under consumer statutes in the second half of August 2012. Here is an approximate breakdown:

  • 491 FDCPA
  • 100 FCRA
  • 57 TILA

Summary:

  • Of those cases, there were about 622 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 253, or 41%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1424 lawsuits since 2001
  • Actions were filed in 268 different US District Court branches.
  • About 641 different collection firms and creditors were sued.

 

The top courts where lawsuits were filed:

  • 44 Lawsuits: Colorado District Court – Denver
  • 37 Lawsuits: Illinois Central District Court – Urbana
  • 24 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 20 Lawsuits: New York Eastern District Court – Brooklyn
  • 19 Lawsuits: Minnesota District Court – Dmn
  • 18 Lawsuits: California Southern District Court – San Diego
  • 18 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 17 Lawsuits: Georgia Northern District Court – Atlanta
  • 17 Lawsuits: Michigan Western District Court – Southern Division
  • 17 Lawsuits: New York Southern District Court – Foley Square

The most active consumer attorneys were:

  • Representing 19 Consumers: David M Larson
  • Representing 14 Consumers: Sergei Lemberg
  • Representing 14 Consumers: Gary D Nitzkin
  • Representing 12 Consumers: Brent F Vullings
  • Representing 12 Consumers: Daniel A Edelman
  • Representing 10 Consumers: Alex D Weisberg
  • Representing 10 Consumers: Craig T Kimmel
  • Representing 9 Consumers: E David Hoskins
  • Representing 8 Consumers: Adam J Fishbein
  • Representing 8 Consumers: Yechezkel Rodal

Statistics Year to Date:

8701 total lawsuits for 2012, including:

  • 7706 FDCPA
  • 1545 FCRA
  • 706 TCPA

Number of Unique Plaintiffs: 8718 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 244 Consumers: Sergei Lemberg
  • Representing 243 Consumers: David M Larson
  • Representing 199 Consumers: Craig T Kimmel
  • Representing 148 Consumers: Gary D Nitzkin
  • Representing 142 Consumers: Adam J Fishbein

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

Quick analysis: In a strong period for consumer litigation, FDCPA, FCRA and TCPA lawsuits were all up over the previous period, and FCRA and TCPA are still strongly up over the previous year. The only down number is YTD FDCPA litigation, which is still tracking a few points behind last year.

Comparisons: Current Period Previous Period Previous Year Comp
. July 16 – 31, 2012 July 1 – 15, 2012 July 16 – 31, 2011
 
FDCPA lawsuits 567 417 36.0% 494 14.8%
FCRA lawsuits 84 71 18.3% 71 18.3%
TCPA lawsuits 43 37 16.2% 25 72.0%
 
YTD FDCPA lawsuits 6705 7091 -5.4%
YTD FCRA lawsuits 1349 833 61.9%
YTD TCPA lawsuits 612 416 47.1%


Full Statistics:

There were about 630 lawsuits filed under consumer statutes in the second half of July 2012. Here is an approximate breakdown:

  • 567 FDCPA
  • 84 FCRA
  • 43 TCPA

Summary:

  • Of those cases, there were about 661 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 195, or 30%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1189 lawsuits since 2001
  • Actions were filed in 134 different US District Court branches.
  • About 648 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 36 Lawsuits: New York Eastern District Court – Brooklyn
  • 35 Lawsuits: Colorado District Court – Denver
  • 30 Lawsuits: Illinois Northern District Court – Chicago
  • 21 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 21 Lawsuits: Minnesota District Court – Dmn
  • 18 Lawsuits: Indiana Southern District Court – Indianapolis
  • 16 Lawsuits: New York Eastern District Court – Central Islip
  • 15 Lawsuits: State Court Of California – Los Angeles County
  • 14 Lawsuits: Ohio Northern District Court – Cleveland
  • 13 Lawsuits: Michigan Western District Court – Southern Division

The most active consumer attorneys were:

  • Representing 29 Consumers: Sergei Lemberg
  • Representing 23 Consumers: Adam J Fishbein
  • Representing 17 Consumers: David M Larson
  • Representing 13 Consumers: Alan C Lee
  • Representing 10 Consumers: David W Skall
  • Representing 10 Consumers: John T Steinkamp
  • Representing 10 Consumers: Dennis R Kurz
  • Representing 9 Consumers: Amy L Bennecoff
  • Representing 9 Consumers: Maxim Maximov
  • Representing 9 Consumers: Gary D Nitzkin

Statistics Year to Date:

7554 total lawsuits for 2012, including:

  • 6705 FDCPA
  • 1349 FCRA
  • 612 TCPA

Number of Unique Plaintiffs: 7640 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 200 Consumers: Sergei Lemberg
  • Representing 194 Consumers: David M Larson
  • Representing 173 Consumers: Craig T Kimmel
  • Representing 118 Consumers: David J Philipps
  • Representing 116 Consumers: Dennis R Kurz


Quick analysis:  FDCPA litigation continues its slow decline from 2011’s record numbers, while FCRA and TCPA stay on track for strong YTD growth, though the actual YTD growth rates for both of them appear to be moderating as the year goes on.

 

Comparisons: Current Period Previous Period Previous Year Comp
. July 1 – 15, 2012 June 16 – 30, 2012 July 1 – 15, 2011
           
FDCPA lawsuits 417 464 -10.1% 462 -9.7%
FCRA lawsuits 71 70 1.4% 70 1.4%
TCPA lawsuits 37 43 -14.0% 16 131.3%
           
YTD FDCPA lawsuits 6138     6597 -7.0%
YTD FCRA lawsuits 1265     762 66.0%
YTD TCPA lawsuits 569     391 45.5%


Full Statistics:

There were about 481 lawsuits filed under consumer statutes in the first half of July 2012. Here is an approximate breakdown:

  • 417 FDCPA
  • 71 FCRA
  • 37 TCPA

Summary:

  • Of those cases, there were about 512 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 195, or 39%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1156 lawsuits since 2001
  • Actions were filed in 115 different US District Court branches.
  • About 514 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 35 Lawsuits: New York Eastern District Court – Brooklyn
  • 26 Lawsuits: Illinois Northern District Court – Chicago
  • 25 Lawsuits: Colorado District Court – Denver
  • 25 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 20 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 18 Lawsuits: Minnesota District Court – Dmn
  • 11 Lawsuits: Nevada District Court – Las Vegas
  • 11 Lawsuits: Michigan Eastern District Court – Detroit
  • 10 Lawsuits: Georgia Northern District Court – Atlanta
  • 10 Lawsuits: California Southern District Court – San Diego

The most active consumer attorneys were:

  • Representing 15 Consumers: Sergei Lemberg
  • Representing 14 Consumers: David M Larson
  • Representing 10 Consumers: Dennis R Kurz
  • Representing 10 Consumers: David J Philipps
  • Representing 10 Consumers: Hashim Rahman
  • Representing 10 Consumers: Adam Jon Fishbein
  • Representing 10 Consumers: Mark H Rephen
  • Representing 7 Consumers: David Wynn Miller
  • Representing 7 Consumers: Alex D Weisberg
  • Representing 7 Consumers: Gary D Nitzkin

Statistics Year to Date:

6931 total lawsuits for 2012, including:

  • 6138 FDCPA
  • 1265 FCRA
  • 569 TCPA

Number of Unique Plaintiffs: 7048 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 177 Consumers: David M Larson
  • Representing 171 Consumers: Sergei Lemberg
  • Representing 166 Consumers: Craig T Kimmel
  • Representing 111 Consumers: David J Philipps
  • Representing 106 Consumers: Dennis R Kurz

 

Quick analysis: FDCPA, FCRA and TCPA litigation all dropped a bit in the current period, but not by significant enough margins to change the trajectory of any of them for the year. FDPCA is still a few points down from this time last year, while FCRA and TCPA are both still very much up.

 

Comparisons: Current Period Previous Period Previous Year Comp
. June 16 – 30, 2012 June 1 – 15, 2012 June 16 – 30, 2011
           
FDCPA lawsuits 464 480 -3.3% 484 -4.1%
FCRA lawsuits 70 91 -23.1% 72 -2.8%
TCPA lawsuits 52 59 -11.9% 46 13.0%
TILA lawsuits 43 34 26.5% 22 95.5%
           
YTD FDCPA lawsuits 5721     6135 -6.7%
YTD FCRA lawsuits 1194     692 72.5%
YTD TCPA lawsuits 532     375 41.9%
YTD TILA lawsuits 512     666 -23.1%

 

Full Statistics: There were about 511 lawsuits filed under consumer statutes in the second half of June 2012. Here is an approximate breakdown:

  • 464 FDCPA
  • 70 FCRA
  • 43 TCPA
  • 52 TILA

Summary:

  • Of those cases, there were about 560 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 178, or 32%, had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 994 lawsuits since 2001
  • Actions were filed in 111 different US District Court branches.
  • About 543 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 29 Lawsuits: Colorado District Court – Denver
  • 23 Lawsuits: California Northern District Court – San Francisco
  • 20 Lawsuits: New York Eastern District Court – Brooklyn
  • 19 Lawsuits: Illinois Northern District Court – Chicago
  • 19 Lawsuits: Nevada District Court – Las Vegas
  • 18 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 16 Lawsuits: Minnesota District Court – Dmn
  • 15 Lawsuits: Georgia Northern District Court – Atlanta
  • 15 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 15 Lawsuits: Florida Southern District Court – Fort Lauderdale

The most active consumer attorneys were:

  • Representing 25 Consumers: George Thomas Martin III
  • Representing 19 Consumers: David Michael Larson
  • Representing 16 Consumers: Yechezkel Rodal
  • Representing 13 Consumers: Sergei Lemberg
  • Representing 12 Consumers: Adam Jon Fishbein
  • Representing 9 Consumers: Joshua R Trigsted
  • Representing 7 Consumers: Craig T Kimmel
  • Representing 7 Consumers: Mark L Vavreck
  • Representing 6 Consumers: Stephanie Cooper Herdman
  • Representing 6 Consumers: David W Skall

Statistics Year to Date: 6459 total lawsuits for 2012, including:

  • 5721 FDCPA
  • 1194 FCRA
  • 532 TCPA
  • 512 TILA

Number of Unique Plaintiffs: 6600 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 163 Consumers: David M Larson
  • Representing 162 Consumers: Craig T Kimmel
  • Representing 156 Consumers: Sergei Lemberg
  • Representing 101 Consumers: David J Philipps
  • Representing 99 Consumers: Gary D Nitzkin