Quick analysis: After a strong start to 2022, litigation tumbles in Feb
FDCPA (-12.9%), TCPA (-16.8%) and FCRA (-19.8%) were all down by double-digit percentages in February. CFPB complaints, however, were up +8.4% over January.
While it is WAY too early to identify trends for 2022, we will note that FDCPA is actually up YTD by +.3%, while TCPA is down YTD by -39.8% over the first two months of 2021. Both kind of interesting numbers, particularly the TCPA one.
In other news, putative class actions represented 10% of FDCPA, 44% of TCPA and 2.6% of FCRA lawsuits filed last month. About 45%(!) of all plaintiffs who filed suit last month had filed at least once before. And finally, Florida attorney Jibrael S Hindi took the top spot for representing the most consumers in February (54) and his colleague at the same firm Thomas John Patti has represented the most consumers for the year so far (124)
| Current Month: | Previous Month: | Previous Year: |
Year to Date: | Year to Date Comp: |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Feb 01, 2022 Feb 28, 2022 |
Jan 01, 2022 Jan 31, 2022 |
Feb 01, 2021 Feb 28, 2021 |
Jan 01, 2022 Feb 28, 2022 |
Jan 01, 2021 Feb 28, 2021 |
|||||
| CFPB | 5519 | 5078 | 8.7% | 5291 | 4.3% | 10597 | 10322 | 2.7% | |
| FDCPA | 451 | 518 | -12.9% | 472 | -4.4% | 969 | 966 | 0.3% | |
| FCRA | 420 | 524 | -19.8% | 412 | 1.9% | 944 | 873 | 8.1% | |
| TCPA | 109 | 131 | -16.8% | 160 | -31.9% | 240 | 399 | -39.8% | |
Complaint Statistics:
5519 consumers filed CFPB complaints, and about 876 consumers filed lawsuits under consumer statutes from Feb 01, 2022 to Feb 28, 2022.
- 5519 CFPB Complaints
- 451 FDCPA, 45 Class Action (10.0%)
- 109 TCPA, 48 Class Action (44.0%)
- 420 FCRA, 11 Class Action (2.6%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 876 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 390, or (45%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 2864 lawsuits since 2001
- Actions were filed in 146 different US District Court branches.
- About 572 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 53 Lawsuits: Georgia Northern District Court – Atlanta
- 51 Lawsuits: Illinois Northern District Court – Chicago
- 41 Lawsuits: Florida Middle District Court – Tampa
- 30 Lawsuits: Minnesota District Court – Dmn
- 29 Lawsuits: California Central District Court – Western Division – Los Angeles
- 28 Lawsuits: Florida Southern District Court – Miami
- 24 Lawsuits: Texas Northern District Court – Dallas
- 24 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 20 Lawsuits: Florida Middle District Court – Orlando
- 20 Lawsuits: New Jersey District Court – Newark
The most active consumer attorneys were:
- Representing 45 Consumers: THOMAS JOHN PATTI
- Representing 31 Consumers: JIBRAEL JARALLAH SAID HINDI
- Representing 23 Consumers: JIBRAEL S HINDI
- Representing 18 Consumers: MATTHEW THOMAS BERRY
- Representing 15 Consumers: YAAKOV SAKS
- Representing 13 Consumers: CHRISTOPHER NEIL ARMOR
- Representing 12 Consumers: KYLE W SCHUMACHER
- Representing 12 Consumers: ALEJANDRO EMMANUEL FIGUEROA
- Representing 11 Consumers: DAVID J PHILIPPS
- Representing 10 Consumers: JENNA DAKROUB
Statistics Year to Date:
1973 total lawsuits for 2022, including:
- 969 FDCPA
- 944 FCRA
- 240 TCPA
Number of Unique Plaintiffs for 2022: 1844 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 124 Consumers: THOMAS JOHN PATTI
- Representing 86 Consumers: JIBRAEL JARALLAH SAID HINDI
- Representing 46 Consumers: MATTHEW THOMAS BERRY
- Representing 33 Consumers: JIBRAEL S HINDI
- Representing 30 Consumers: CHRISTOPHER NEIL ARMOR
- Representing 29 Consumers: YAAKOV SAKS
- Representing 25 Consumers: ALEJANDRO EMMANUEL FIGUEROA
- Representing 23 Consumers: JIBRAEL S HINDI
- Representing 23 Consumers: SYED HASEEB HUSSAIN
- Representing 22 Consumers: DAVID J S MADGETT
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CFPB Complaint Statistics:
There were 5519 complaints filed against debt collectors from Feb 01, 2022 to Feb 28, 2022.
Total number of debt collectors complained about: 809
The types of debt behind the complaints were:
- 1484 Credit card debt (27%)
- 1384 I do not know (25%)
- 1300 Other debt (24%)
- 786 Medical debt (14%)
- 277 Auto debt (5%)
- 116 Payday loan debt (2%)
- 67 Mortgage debt (1%)
- 61 Federal student loan debt (1%)
- 44 Private student loan debt (1%)
Here is a breakdown of complaints:
- 2638 Attempts to collect debt not owed (48%)
- 1538 Written notification about debt (28%)
- 451 Took or threatened to take negative or legal action (8%)
- 414 False statements or representation (8%)
- 397 Communication tactics (7%)
- 81 Threatened to contact someone or share information improperly (1%)
The top five subissues were:
- 1314 Debt is not yours (24%)
- 810 Debt was result of identity theft (15%)
- 793 Didnt receive notice of right to dispute (14%)
- 705 Didnt receive enough information to verify debt (13%)
- 425 Debt was paid (8%)
The top states complaints were filed from are:
- 743 Complaints: FL
- 580 Complaints: TX
- 519 Complaints: CA
- 468 Complaints: GA
- 272 Complaints: PA
- 243 Complaints: NY
- 210 Complaints: IL
- 179 Complaints: MI
- 171 Complaints: VA
- 163 Complaints: OH
The status of the month’s complaints are as follows:
- 4249 Closed with explanation (77%)
- 731 Closed with non-monetary relief (13%)
- 430 In progress (8%)
- 82 Untimely response (1%)
- 27 Closed with monetary relief (0%)
This includes 5381 (97%) timely responses to complaints, and 138 (3%) untimely responses.