Blog/ Litigation Stats

Grand Rapids, MI (February 24, 2012) – Since releasing 2011 litigation statistics, the WebRecon data team has had an opportunity to go back through the year’s complaints more thoroughly. In this process, we have been able to identify some omissions which inadvertently depressed the overall litigation counts for 2011.

Accordingly, we have revised our 2011 consumer litigation counts. Among the noteworthy changes you will see is that FDCPA complaints surpassed 12,000, and both TCPA and TILA litigation were significantly higher than previously reported. FCRA moved upward as well, but the change was less dramatic. Also, the total number of unique consumer litigants has surpassed 13,000.

Statistic:                    2011 (Revised):       2011 (Original):       Percent Change
FDCPA Cases              12,018                   11,811                    +1.75
FCRA Cases                1883                      1838                      +2.45
TCPA Cases                 813                       660                        +23.18
TILA Cases                  1680                      1462                      +14.91

Total Lawsuits          12,788                      12,542                    +1.96
Total Plaintiffs          13,024                      12,640                    +3.04

FDCPA and Other Consumer Lawsuit Statistics, January 16-31, 2012

Quick analysis: The second half of Jan 2012 roared back from a slow start, with strong increases in litigation for three of the four main statutes we track (FDCPA, FCRA, TCPA)

FDCPA lawsuits jumped to 491 from 377 in the first half of January (and up from 411 in the same period 2011). FCRA lawsuits jumped to 102 from 66 in the first half of January (and up from 47 in the same period 2011). TCPA lawsuits jumped to 46 from 18 in the first half of January (and up from 29 in the same period 2011). TILA was the exception, dropping slightly to 38 from 48 in the first half of January (but still up from 21 in the same period 2011).

19% of plaintiffs this period were repeat litigants, and the most active attorney was Craig Thor Kimmel from Pennsylvania firm Kimmel & Silverman, representing 19 consumers.

Full Statistics:

There were about 571 lawsuits filed under consumer statutes in the second half of January 2012. Here is an approximate breakdown:

• 491 FDCPA
• 102 FCRA
• 46 TCPA
• 38 TILA

Summary:

• Of those cases, there were about 601 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 205, or 19%, had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 1123 lawsuits since 2001
• Actions were filed in 111 different US District Court branches.
• About 609 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

• 53 Lawsuits: California Central District Court – Western Division – Los Angeles
• 42 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 34 Lawsuits: Minnesota District Court – Dmn
• 32 Lawsuits: Illinois Northern District Court – Chicago
• 29 Lawsuits: Colorado District Court – Denver
• 19 Lawsuits: New York Eastern District Court – Brooklyn
• 19 Lawsuits: Michigan Eastern District Court – Detroit
• 14 Lawsuits: Georgia Northern District Court – Atlanta
• 14 Lawsuits: Tennessee Eastern District Court – Greeneville
• 13 Lawsuits: New Jersey District Court – Newark

The most active consumer attorneys were:

• Representing 19 Consumers: Craig T Kimmel
• Representing 17 Consumers: Sergei Lemberg
• Representing 14 Consumers: Mark L Vavreck
• Representing 13 Consumers: Adam J Fishbein
• Representing 13 Consumers: George T Martin Iii
• Representing 12 Consumers: David M Larson
• Representing 10 Consumers: Gary D Nitzkin
• Representing 10 Consumers: James M Feagle
• Representing 9 Consumers: Alan C Lee
• Representing 9 Consumers: Brent F Vullings

Statistics Year to Date:

976 total lawsuits for 2012, including:

• 873 FDCPA
• 171 FCRA
• 65 TCPA
• 86 TILA

Number of Unique Plaintiffs: 1054 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

• Representing 33 Consumers: Sergei Lemberg
• Representing 31 Consumers: Craig T Kimmel
• Representing 18 Consumers: David M Larson
• Representing 16 Consumers: Joseph M Meinhardt
• Representing 16 Consumers: Jody B Burton

FDCPA and Other Consumer Lawsuit Statistics, January 1-15, 2012

Quick analysis: FDCPA and TCPA lawsuits are down, FCRA and TILA lawsuits are up.

FDCPA lawsuits are starting the year off slow (377 this period compared to 431 in the same period last year). FCRA looks to be continuing its solid growth (66 this period compared to 57 in the same period last year). TCPA starts out a bit down (18 this period compared to 27 in the same period last year). However, look for TCPA to become more of a threat in coming months due to a favorable court decision last week that will almost certainly result in more TCPA lawsuits filed in US District Courts. TILA is up as well (48 this period compared to 38 in the same period last year).

18% of plaintiffs this period were repeat litigants, and the most active attorney was Sergei Lemberg, representing 16 consumers.

There were about 409 lawsuits filed under consumer statutes in the first half of January 2012. Here is an approximate breakdown:
• 377 FDCPA
• 66 FCRA
• 18 TCPA
• 48 TILA

Summary:
• Of those cases, there were about 465 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 129, or 18%, had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 749 lawsuits since 2001
• Actions were filed in 121 different US District Court branches.
• About 447 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
• 21 Lawsuits: California Central District Court – Western Division – Los Angeles
• 18 Lawsuits: Colorado District Court – Denver
• 17 Lawsuits: Minnesota District Court – Dmn
• 16 Lawsuits: Illinois Northern District Court – Chicago
• 14 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 12 Lawsuits: California Southern District Court – San Diego
• 11 Lawsuits: New York Western District Court – Buffalo
• 10 Lawsuits: Texas Northern District Court – Dallas
• 9 Lawsuits: New Jersey District Court – Newark
• 9 Lawsuits: Connecticut District Court – New Haven

The most active consumer attorneys were:
• Representing 16 Consumers: Sergei Lemberg
• Representing 15 Consumers: Joseph M Meinhardt
• Representing 12 Consumers: Craig T Kimmel
• Representing 12 Consumers: Michael D Shaffer
• Representing 9 Consumers: Tammy L Hussin
• Representing 8 Consumers: Samuel A Ehrenfeld
• Representing 7 Consumers: Brad J Davidzik
• Representing 7 Consumers: Jody B Burton
• Representing 7 Consumers: Alex D Weisberg
• Representing 7 Consumers: David J Philipps

Statistics Year to Date: (same as above, as this was the first reporting period of 2012)

FDCPA and Other Consumer Lawsuit Statistics, Full Year 2011 Recap

2011 ended with another record year in consumer litigation. Notably, FCRA, TCPA and Truth-in-Lending lawsuits were all up very significantly over 2010, each setting new records. FCRA litigation had a big jump after several years of relatively flat numbers, TCPA litigation more than doubled, and TILA nearly tripled over the previous year.

FDCPA litigation set a record as well, but fell just short of our projected 12,000 cases, with 11,811 cases filed in 2011. The growth rate of FDCPA litigation has plummeted over the last two years, though it is important to note that the number of FDCPA lawsuits filed does continue to grow each year, just on a shrinking trajectory. FDCPA litigation hit its peak growth in 2009, when it rose 52% over previous year numbers. That dropped to 19% in 2010, and is just 8% in 2011.

Despite some aggressive challenges from others late in the year, Colorado Springs attorney David M Larson represented 357 consumers in 2011 – more than anyone else in consumer litigation, followed by Petersburg VA attorney Dale Wood Pittman with 309, and Parsippany NJ attorney Feng Li with 299, primarily from one giant lawsuit in September.

Led by Larson’s charge, the Denver Colorado district court saw the most suits filed in it, totaling 658. Philadelphia was 2nd with 634 suits, Los Angeles was 3rd with 623, followed by Chicago with 592 and Newark with 486.

Statewide, California led with 1654 lawsuits in 2011. Florida was next with 1146 lawsuits, followed by New York with 1128, Pennsylvania with 940 and New Jersey with 711.

For your convenience, we are providing annual comparisons of FDCPA, FCRA, TCPA and TILA litigation. Missing data indicates years we do not have reliable data for. Please note, these statistics are for cases filed in federal U.S. District Courts only.

Annual comparisons:
2011: 11,811 FDCPA Cases, 1838 FCRA Cases, 660 TCPA Cases, 1462 TILA Cases
2010: 10,859 FDCPA Cases, 1295 FCRA Cases, 272 TCPA Cases, 529 TILA Cases
2009: 9135 FDCPA Cases, 1174 FCRA Cases
2008: 6025 FDCPA Cases, 1164 FCRA Cases
2007: 4372 FDCPA Cases, 1347 FCRA Cases
2006: 3710 FDCPA Cases, 955 FCRA Cases
2005: 3215 FDCPA Cases

FDCPA and Other Consumer Lawsuit Statistics, December 16-31, 2011

There were about 453 lawsuits filed under consumer statutes in the second half of December 2011. Here is an approximate breakdown:
• 397 FDCPA
• 63 FCRA
• 53 TILA
• 26 TCPA
Summary:
• Of those cases, there were about 507 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 183, or 22%, had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 870 lawsuits since 2001
• Actions were filed in 96 different US District Court branches.
• About 522 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
• 29 Lawsuits: New Jersey District Court – Newark
• 25 Lawsuits: Colorado District Court – Denver
• 24 Lawsuits: California Central District Court – Western Division – Los Angeles
• 23 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 21 Lawsuits: Michigan Eastern District Court – Detroit
• 19 Lawsuits: Minnesota District Court – Dmn
• 17 Lawsuits: Illinois Northern District Court – Chicago
• 15 Lawsuits: California Southern District Court – San Diego
• 13 Lawsuits: New York Eastern District Court – Central Islip
• 11 Lawsuits: New York Southern District Court – Foley Square
The most active consumer attorneys were:
• Representing 22 Consumers: Yaakov Saks
• Representing 16 Consumers: Gary D Nitzkin
• Representing 14 Consumers: Samuel A Ehrenfeld
• Representing 11 Consumers: Khinh Voury Yam
• Representing 11 Consumers: Craig T Kimmel
• Representing 11 Consumers: Sergei Lemberg
• Representing 11 Consumers: Mark L Vavreck
• Representing 11 Consumers: David M Larson
• Representing 9 Consumers: Tammy L Hussin
• Representing 9 Consumers: Alex D Weisberg
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Statistics Year to Date:

12542 total lawsuits for 2011, including:
• 11811 FDCPA
• 1838 FCRA
• 660 TCPA
• 1462 TILA
Number of Unique Plaintiffs: 12640 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
• Representing 357 Consumers: David M Larson
• Representing 309 Consumers: Dale Wood Pittman
• Representing 299 Consumers: Feng Li
• Representing 260 Consumers: Craig T Kimmel
• Representing 246 Consumers: Sergei Lemberg

This period’s statistics are skewed by one very large lawsuit, the third such instance in recent months. “Bonne V. Encore Capital Group,” with 168 unique plaintiffs, was filed Dec. 8 by attorney Dale Wood Pittman. This more than doubles the number of consumers Pittman has represented in 2011 to 309, up from 141 in the prior period.

FDCPA and Other Consumer Lawsuit Statistics, December 1-15, 2011

There were about 441 lawsuits filed under consumer statutes in the first half of December 2011. Here is an approximate breakdown:
• 571 FDCPA (including 168 plaintiffs in one lawsuit)
• 184 TCPA (including 168 plaintiffs in one lawsuit)
• 48 FCRA
• 24 TILA
Summary:
• Of those cases, there were about 638 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 199, or 18%, had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 1142 lawsuits since 2001
• Actions were filed in 117 different US District Court branches.
• About 497 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
• 33 Lawsuits: Colorado District Court – Denver
• 26 Lawsuits: Illinois Northern District Court – Chicago
• 26 Lawsuits: Minnesota District Court – Dmn
• 21 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 17 Lawsuits: Michigan Eastern District Court – Detroit
• 15 Lawsuits: Georgia Northern District Court – Atlanta
• 14 Lawsuits: California Central District Court – Western Division – Los Angeles
• 12 Lawsuits: New York Eastern District Court – Brooklyn
• 10 Lawsuits: New York Western District Court – Buffalo
• 10 Lawsuits: New York Southern District Court – Foley Square
The most active consumer attorneys were:
• Representing 168 Consumers: Dale Wood Pittman
• Representing 17 Consumers: David M Larson
• Representing 12 Consumers: Nicholas J Bontrager
• Representing 12 Consumers: Shireen Hormozdi
• Representing 12 Consumers: Gary D Nitzkin
• Representing 12 Consumers: Michael S Agruss
• Representing 9 Consumers: Craig T Kimmel
• Representing 9 Consumers: Joseph M Meinhardt
• Representing 9 Consumers: Mark L Vavreck
• Representing 8 Consumers: Mahadhi Corzano
Statistics Year to Date:

12,029 total lawsuits for 2011, including:
• 11,359 FDCPA
• 1762 FCRA
• 616 TCPA
• 1406 TILA
Number of Unique Plaintiffs: 12,163 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
• Representing 345 Consumers: David Michael Larson
• Representing 309 Consumers: Dale Wood Pittman
• Representing 299 Consumers: Feng Li
• Representing 248 Consumers: Craig T Kimmel
• Representing 235 Consumers: Sergei Lemberg

FDCPA and Other Consumer Lawsuit Statistics, November 16-30, 2011

There were about 423 lawsuits filed under consumer statutes in the second half of November 2011. Here is an approximate breakdown:
• 385 FDCPA
• 58 FCRA
• 13 TCPA
• 40 TILA
Summary:
• Of those cases, there were about 463 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 169, or 20%, had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 865 lawsuits since 2001
• Actions were filed in 101 different US District Court branches.
• About 427 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
• 25 Lawsuits: Colorado District Court – Denver
• 22 Lawsuits: California Central District Court – Western Division – Los Angeles
• 21 Lawsuits: Minnesota District Court – Dmn
• 20 Lawsuits: New Jersey District Court – Newark
• 20 Lawsuits: Illinois Northern District Court – Chicago
• 19 Lawsuits: Georgia Northern District Court – Atlanta
• 16 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 13 Lawsuits: New York Western District Court – Buffalo
• 10 Lawsuits: New York Southern District Court – White Plains
• 10 Lawsuits: California Northern District Court – San Francisco
The most active consumer attorneys were:
• Representing 18 Consumers: Edwin D Hoskins
• Representing 14 Consumers: David M Larson
• Representing 13 Consumers: Sergei Lemberg
• Representing 12 Consumers: Brent F Vullings
• Representing 12 Consumers: Yaakov Saks
• Representing 10 Consumers: Tammy L Hussin
• Representing 9 Consumers: David J Philipps
• Representing 9 Consumers: Jody B Burton
• Representing 9 Consumers: Shireen Hormozdi
• Representing 8 Consumers: Craig J Ehrlich

Statistics Year to Date: 11597 total lawsuits for 2011, including:
• 10788 FDCPA
• 1714 FCRA
• 432 TCPA
• 1382 TILA
Number of Unique Plaintiffs: 11610 (including multiple plaintiffs in one suit) The most active consumer attorneys of the year:
• Representing 314 Consumers: David Michael Larson
• Representing 299 Consumers: Feng Li
• Representing 239 Consumers: Craig T Kimmel
• Representing 227 Consumers: Sergei Lemberg
• Representing 179 Consumers: Michael S Agruss

FDCPA and Other Consumer Lawsuit Statistics, November 1-15, 2011

There were about 536 lawsuits filed under consumer statutes in the first half of November 2011. Here is an approximate breakdown:
• 472 FDCPA
• 84 FCRA
• 11 TCPA
• 26 TILA

Summary:
• Of those cases, there were about 553 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 172 had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 912 lawsuits since 2001
• Actions were filed in 116 different US District Court branches.
• About 474 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
• 40 Lawsuits: New Jersey District Court – Newark
• 34 Lawsuits: Minnesota District Court – Dmn
• 28 Lawsuits: Colorado District Court – Denver
• 27 Lawsuits: California Central District Court – Western Division – Los Angeles
• 20 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 19 Lawsuits: Illinois Northern District Court – Chicago
• 18 Lawsuits: New York Eastern District Court – Central Islip
• 16 Lawsuits: New York Eastern District Court – Brooklyn
• 16 Lawsuits: Michigan Eastern District Court – Detroit
• 14 Lawsuits: New York Western District Court – Buffalo

The most active consumer attorneys were:
• Representing 31 Consumers: Yaakov Saks
• Representing 28 Consumers: Mark L Vavreck
• Representing 21 Consumers: David Michael Larson
• Representing 20 Consumers: Mark H Rephen
• Representing 15 Consumers: Gary D Nitzkin
• Representing 13 Consumers: Craig Thor Kimmel
• Representing 12 Consumers: Penny Hays Cauley
• Representing 12 Consumers: Shireen Hormozdi
• Representing 10 Consumers: Sergei Lemberg
• Representing 9 Consumers: Deborah P Gutierrez

Statistics Year to Date:

11,176 total lawsuits for 2011, including:
• 10,402 FDCPA
• 1656 FCRA
• 419 TCPA
• 1342 TILA
Number of Unique Plaintiffs: 11214 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
• Representing 314 Consumers: David Michael Larson
• Representing 299 Consumers: Feng Li
• Representing 218 Consumers: Craig T Kimmel
• Representing 214 Consumers: Sergei Lemberg
• Representing 176 Consumers: Michael S Agruss

FDCPA and Other Consumer Lawsuit Statistics, October 16-31, 2011

There were about 552 lawsuits filed under consumer statutes in the second half of October 2011. Here is an approximate breakdown:
• 492 FDCPA
• 83 FCRA
• 23 TILA
• 21 TCPA
Summary:
• Of those cases, there were about 561 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 168 had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 979 lawsuits since 2001
• Actions were filed in 123 different US District Court branches.
• About 498 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
• 40 Lawsuits: California Central District Court – Western Division – Los Angeles
• 31 Lawsuits: Illinois Northern District Court – Chicago
• 30 Lawsuits: Colorado District Court – Denver
• 27 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 21 Lawsuits: New York Southern District Court – Foley Square
• 21 Lawsuits: Georgia Northern District Court – Atlanta
• 18 Lawsuits: Florida Southern District Court – Fort Lauderdale
• 16 Lawsuits: New Jersey District Court – Newark
• 15 Lawsuits: Minnesota District Court – Dmn
• 13 Lawsuits: Michigan Eastern District Court – Detroit

The most active consumer attorneys were:
• Representing 21 Consumers: David Michael Larson
• Representing 13 Consumers: Samuel A Ehrenfeld
• Representing 13 Consumers: Sergei Lemberg
• Representing 10 Consumers: Nicholas J Bontrager
• Representing 10 Consumers: Shireen Hormozdi
• Representing 10 Consumers: Yaakov Saks
• Representing 9 Consumers: Alex D Weisberg
• Representing 9 Consumers: Bruce K Warren
• Representing 8 Consumers: Jack Dennis Card Jr
• Representing 7 Consumers: Brent Francis Vullings

Statistics Year to Date:

10647 total lawsuits for 2011, including:
• 9917 FDCPA
• 1547 FCRA
• 355 TCPA
• 1294 TILA
Number of Unique Plaintiffs: 10836 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
• Representing 299 Consumers: Feng Li
• Representing 293 Consumers: David Michael Larson
• Representing 218 Consumers: Craig Thor Kimmel
• Representing 204 Consumers: Sergei Lemberg
• Representing 171 Consumers: Michael S Agruss

** The most significant news of this period is that in the first few days of November, we are about to sail past 10,000 Federal FDCPA filings, on the way to an estimated 12,000 for the year 2011. This is a full month ahead of last year, when the 10,000th FDCPA suit was filed on December 1, 2010. **

FDCPA and Other Consumer Lawsuit Statistics, October 1-15, 2011

There were about 557 lawsuits filed under consumer statutes in the first half of October 2011. Here is an approximate breakdown:
• 516 FDCPA
• 129 FCRA
• 31 TCPA
• 84 TILA
Summary:
• Of those cases, there were about 639 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 271 had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 1141 lawsuits since 2001
• Actions were filed in 126 different US District Court branches.
• About 597 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
• 34 Lawsuits: New Jersey District Court – Newark
• 30 Lawsuits: California Central District Court – Western Division – Los Angeles
• 25 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
• 24 Lawsuits: Colorado District Court – Denver
• 17 Lawsuits: Florida Southern District Court – Miami
• 16 Lawsuits: Florida Southern District Court – Fort Lauderdale
• 16 Lawsuits: Illinois Northern District Court – Chicago
• 15 Lawsuits: Michigan Eastern District Court – Detroit
• 15 Lawsuits: Minnesota District Court – Dmn
• 14 Lawsuits: California Southern District Court – San Diego
The most active consumer attorneys were:
• Representing 44 Consumers: Feng Li
• Representing 23 Consumers: Yaakov Saks
• Representing 21 Consumers: Sergei Lemberg
• Representing 19 Consumers: J Mark Meinhardt
• Representing 17 Consumers: Tammy L Hussin
• Representing 16 Consumers: Jody Berke Burton
• Representing 13 Consumers: Alexander Daniel Weisberg
• Representing 12 Consumers: Gary D Nitzkin
• Representing 12 Consumers: Shireen Hormozdi
• Representing 11 Consumers: Amy Lynn Bennecoff

Statistics Year to Date:

10097 total lawsuits for 2011, including:
• 9425 FDCPA
• 1464 FCRA
• 334 TCPA
• 1271 TILA
Number of Unique Plaintiffs: 10282 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
• Representing 299 Consumers: Feng Li
• Representing 272 Consumers: David Michael Larson
• Representing 212 Consumers: Craig Thor Kimmel
• Representing 191 Consumers: Sergei Lemberg
• Representing 169 Consumers: Michael S Agruss