Webrecon Jan 2024 stats

Litigation Analysis

2024 Starts with a ROAR

We can’t remember the last time consumer complaints and litigation had such a strong month across the board. Everything in January was up double digit percentages over Dec 2023: TCPA +78.6%(!), FDCPA +24.1%, FCRA +23.8%. And everything was also up double digit percentages YTD against last year: TCPA +50.4%, FDCPA +30.5%, FCRA +19.6%. CFPB complaints were similarly up +14.8% for the month and +14.3% YTD.

For some context, here’s a thought experiment. If every month in 2024 ends up like January, TCPA litigation would end the year 42.6% up over 2023, FDCPA would be 30.5% up and FCRA would be 13.8% higher. That’s a pattern we haven’t seen in many years, but of course these numbers are only one month in to 2024 and don’t really mean anything yet. Other than, wow, what a month.

In other news, putative class actions represented 5.3% of FDCPA, 32% of TCPA and 2.6% of FCRA lawsuits filed last month. About 48%(!) of all plaintiffs who filed suit last month had filed at least once before. And finally, Dallas-area attorney Chris R. Miltenberger gets his first crack at the top spot for representing the most consumers in January (as well as YTD) with 54 consumers represented.

Complaint Statistics:

6947 consumers filed CFPB complaints, and about 976 consumers filed lawsuits under consumer statutes from Jan 01, 2024 to Jan 31, 2024.

• 6947 CFPB Complaints
• 453 FDCPA, 24 Class Action (5.3%)
• 200 TCPA, 64 Class Action (32.0%)
• 530 FCRA, 14 Class Action (2.6%)

Litigation Summary (scroll down for CFPB data):

• Of those cases, there were about 976 unique plaintiffs (including multiple plaintiffs in one suit).
• Of those plaintiffs, about 468, or (48%), had sued under consumer statutes before.
• Combined, those plaintiffs have filed about 7202 lawsuits since 2001
• Actions were filed in 155 different US District Court branches.
• About 681 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

• 56 Lawsuits: Florida Middle District Court – Tampa
• 56 Lawsuits: Georgia Northern District Court – Atlanta
• 36 Lawsuits: Illinois Northern District Court – Chicago
• 31 Lawsuits: Texas Northern District Court – Dallas
• 30 Lawsuits: California Central District Court – Western Division – Los Angeles
• 29 Lawsuits: Indiana Southern District Court – Indianapolis
• 28 Lawsuits: Florida Middle District Court – Orlando
• 27 Lawsuits: California Southern District Court – San Diego
• 23 Lawsuits: Texas Southern District Court – Houston
• 22 Lawsuits: Florida Southern District Court – Fort Lauderdale

The most active consumer attorneys were:

• Representing 54 Consumers: CHRIS R MILTENBERGER
• Representing 24 Consumers: OCTAVIO GOMEZ
• Representing 18 Consumers: DAVID J PHILIPPS
• Representing 17 Consumers: MATTHEW THOMAS BERRY
• Representing 17 Consumers: SHAWN SHAWN JAFFER
• Representing 15 Consumers: JONATHAN ALEXANDER HEEPS
• Representing 14 Consumers: CHRISTOPHER NEIL ARMOR
• Representing 13 Consumers: FRANK H KERNEY
• Representing 12 Consumers: ELLIOT ELO
• Representing 12 Consumers: JENNIFER GOMES SIMIL

Statistics Year to Date:
960 total lawsuits for 2024, including:

• 453 FDCPA
• 530 FCRA
• 200 TCPA

Number of Unique Plaintiffs for 2024: 976 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

• Representing 54 Consumers: CHRIS R MILTENBERGER
• Representing 24 Consumers: OCTAVIO GOMEZ
• Representing 18 Consumers: DAVID J PHILIPPS
• Representing 17 Consumers: MATTHEW THOMAS BERRY
• Representing 17 Consumers: SHAWN SHAWN JAFFER
• Representing 15 Consumers: JONATHAN ALEXANDER HEEPS
• Representing 14 Consumers: CHRISTOPHER NEIL ARMOR
• Representing 13 Consumers: FRANK H KERNEY
• Representing 12 Consumers: ELLIOT ELO
• Representing 12 Consumers: JENNIFER GOMES SIMIL

CFPB Complaint Statistics:

There were 6947 complaints filed against debt collectors from Jan 01, 2024 to Jan 31, 2024.

Total number of debt collectors complained about: 778

The types of debt behind the complaints were:

• 1901 I do not know (27%)
• 1759 Credit card debt (25%)
• 1203 Other debt (17%)
• 522 Medical debt (8%)
• 470 Rental debt (7%)
• 437 Telecommunications debt (6%)
• 356 Auto debt (5%)
• 140 Payday loan debt (2%)
• 64 Mortgage debt (1%)
• 59 Federal student loan debt (1%)
• 36 Private student loan debt (1%)

Here is a breakdown of complaints:

• 3599 Attempts to collect debt not owed (52%)
• 1699 Written notification about debt (24%)
• 570 Took or threatened to take negative or legal action (8%)
• 463 False statements or representation (7%)
• 389 Communication tactics (6%)
• 120 Electronic communications (2%)
• 107 Threatened to contact someone or share information improperly (2%)

The top five subissues were:

• 1602 Debt is not yours (23%)
• 1413 Debt was result of identity theft (20%)
• 1388 Didnt receive enough information to verify debt (20%)
• 474 Debt was paid (7%)
• 371 Attempted to collect wrong amount (5%)

The top states complaints were filed from are:

• 917 Complaints: CA
• 903 Complaints: TX
• 644 Complaints: FL
• 482 Complaints: NY
• 445 Complaints: GA
• 358 Complaints: IL
• 300 Complaints: PA
• 215 Complaints: NJ
• 191 Complaints: LA
• 182 Complaints: OH

The status of the month’s complaints are as follows:

• 4263 Closed with explanation (61%)
• 1661 In progress (24%)
• 916 Closed with non-monetary relief (13%)
• 86 Untimely response (1%)
• 21 Closed with monetary relief (0%)

This includes 6810 (98%) timely responses to complaints, and 137 (2%) untimely responses.