Quick analysis: September was a mixed bag in consumer litigation and complaints.

On the one hand, FDCPA and TCPA lawsuits were down a bit from their numbers in August, 6.5% and 5.5% respectively. On the other hand, FCRA litigation was up quite a bit, 8.9% over its number in September. Overall, litigation rose in September (1272 consumers filed suit last month over August’s 1222 consumers).

Even with FDCPA and TCPA down in the monthly horse race, everything is still tracking up for the year, with FDCPA and FCRA still very strong ahead of 2014 (17% and 36.3% respectively), and TCPA finally (finally!) starting to widen its YTD lead over last year with a still-anemic 3.5% increase.

Keep in mind, the TCPA bar chart has been the most dramatic over the last several years (see below graphic). It has all but flatlined so far this year, all the more remarkable because of case law and regulatory declarations that one would have expected to delight the consumer bar. There have been predictions of TCPA’s resurgence later this year… at this point it is looking like it we will run out of year before any significant movement happens in TCPA litigation growth again.

TCPA-litigation-2010-2014

CFPB complaints against debt collectors also are looking down, a whopping 16.3% in September. That brings it to one of its lowest numbers in recent memory, just barely cracking 3000 complaints (3025, for the record). Expect this number to go up by 5-10% in the coming weeks as new complaints trickle into the public record, but even so that makes for the lowest month this year unless a large batch pops up unexpectedly.

Fun Facts: ∙

  • For September 2015, about 32% of all consumer litigation plaintiffs had sued at least once before under consumer litigation statutes.
  • About 822 different companies were sued, and 765 different debt collectors were complained about to the CFPB.
  • Class actions were mixed, with a big 16.2% for FDCPA, a huge 28.1% for TCPA and a low 8.7% for FCRA.
  • The Illinois Northern District Court in Chicago had the most litigation filed in it, with 71 consumers represented in litigation there. California had the most CFPB complaints against debt collectors, with 415.
  • Attorney Craig B. Sanders represented the most consumers for the month with 57, and he also has represented the most year to date, with 250(!)
Comparisons: Current Period: Previous Period: Previous Year Comp:
Sep 01, 2015
Sep 30, 2015
Aug 01, 2015
Aug 31, 2015
Sep 01, 2014
Sep 30, 2014
CFPB Complaints  3025 3616 -16.3% 2930 3.2%
FDCPA lawsuits  870 930 -6.5% 818 6.4%
FCRA lawsuits  332 305 8.9% 188 76.6%
TCPA lawsuits  242 256 -5.5% 212 14.2%
YTD CFPB Complaints  31403 30279 3.7%
YTD FDCPA lawsuits  8710 7446 17.0%
YTD FCRA lawsuits  2446 1794 36.3%
YTD TCPA lawsuits  2086 2016 3.5%

 

Complaint Statistics:

3025 consumers filed CFPB complaints against debt collectors and about 1272 consumers filed lawsuits under consumer statutes from Sep 01, 2015 to Sep 30, 2015. Here is an approximate breakdown:

  • 3025 CFPB Complaints
  • 870 FDCPA, 141 Class Action (16.2%)
  • 242 TCPA, 68 Class Action (28.1%)
  • 332 FCRA, 29 Class Action (8.7%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1272 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 409, or (32%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1533 lawsuits since 2001
  • Actions were filed in 159 different US District Court branches.
  • About 822 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 71 Lawsuits: Illinois Northern District Court – Chicago
  • 54 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 51 Lawsuits: California Central District Court – Los Angeles
  • 50 Lawsuits: Florida Middle District Court – Tampa
  • 49 Lawsuits: New York Eastern District Court – Brooklyn
  • 48 Lawsuits: New York Eastern District Court – Central Islip
  • 42 Lawsuits: New Jersey District Court – Newark
  • 35 Lawsuits: California Southern District Court – San Diego
  • 30 Lawsuits: California Northern District Court – San Jose
  • 29 Lawsuits: Minnesota District Court – Dmn

The most active consumer attorneys were:

  • Representing 57 Consumers: CRAIG B SANDERS
  • Representing 47 Consumers: DAVID M MENDITTO
  • Representing 46 Consumers: JEFFREY HYSLIP
  • Representing 36 Consumers: PABLO OROZCO
  • Representing 36 Consumers: ROLAND K TELLIS
  • Representing 27 Consumers: DAVID M BARSHAY
  • Representing 24 Consumers: DANIEL A EDELMAN
  • Representing 23 Consumers: JAMES O LATTURNER
  • Representing 22 Consumers: MOHAMMED OMAR BADWAN
  • Representing 22 Consumers: AHMAD TAYSEER SULAIMAN

Statistics Year to Date:

10995 total lawsuits for 2015, including:

  • 8710 FDCPA
  • 2446 FCRA
  • 2086 TCPA

Number of Unique Plaintiffs for 2015: 10363 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 250 Consumers: CRAIG B SANDERS
  • Representing 180 Consumers: SERGEI LEMBERG
  • Representing 160 Consumers: TODD M FRIEDMAN
  • Representing 159 Consumers: CRAIG THOR KIMMEL
  • Representing 159 Consumers: AMY LYNN BENNECOFF GINSBURG
  • Representing 138 Consumers: DANIEL A EDELMAN
  • Representing 138 Consumers: DAVID H KRIEGER
  • Representing 137 Consumers: MOHAMMED OMAR BADWAN
  • Representing 135 Consumers: ADAM JON FISHBEIN
  • Representing 122 Consumers: AHMAD TAYSEER SULAIMAN

——————————————————————————————————-

CFPB Complaint Statistics:

There were 3025 complaints filed against debt collectors from Sep 01, 2015 to Sep 30, 2015.

Total number of debt collectors complained about: 765

The types of debt behind the complaints were:

  • 883 Other (phone, health club, etc.) (29%)
  • 690 Credit card (23%)
  • 603 Unknown (20%)
  • 449 Medical (15%)
  • 154 Payday loan (5%)
  • 87 Mortgage (3%)
  • 70 Non-federal student loan (2%)
  • 66 Auto (2%)
  • 23 Federal student loan (1%)

Here is a breakdown of complaints:

  • 1248 Cont’d attempts collect debt not owed (41%)
  • 586 Disclosure verification of debt (19%)
  • 485 Communication tactics (16%)
  • 282 False statements or representation (9%)
  • 213 Taking/threatening an illegal action (7%)
  • 211 Improper contact or sharing of info (7%)

The top five subissues were:

  • 772 Debt is not mine (26%)
  • 382 Not given enough info to verify debt (13%)
  • 311 Debt was paid (10%)
  • 299 Frequent or repeated calls (10%)
  • 209 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 415 Complaints: CA
  • 299 Complaints: TX
  • 295 Complaints: FL
  • 159 Complaints: NY
  • 124 Complaints: GA
  • 116 Complaints: IL
  • 115 Complaints: PA
  • 94 Complaints: VA
  • 88 Complaints: AZ
  • 87 Complaints: OH

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

  • 3025 (100%)

This includes 2822 (93%) timely responses to complaints, and 203 (7%) untimely responses.

Of the company responses, consumers accepted 0 (%) of them, disputed 294 (10%) of them, and 2731 (90%) were N\A.

The top five days for complaints were:

  • 181 Complaints: Wed, 09/23/2015
  • 174 Complaints: Thu, 09/10/2015
  • 154 Complaints: Thu, 09/24/2015
  • 152 Complaints: Mon, 09/14/2015
  • 145 Complaints: Fri, 09/11/2015

 

API Access


We offer two powerful APIs to businesses that communicate with consumers:

  • The primary Litigious Consumer Scrub uses a combination of name, geography (and optionally SSN) to identify consumers who have filed lawsuits in the past.
  • The Litigious Consumer Phone Scrub pulls every phone number from our proprietary database of litigants and runs your phones against ours.

These APIs allow you to check your data against our database on the fly. Clients love using this to handle risk management without missing a beat in their daily workflow.

Workers Comp Scrub


Workers Comp-inspired FDCPA lawsuits are growing aggressively, particularly in Florida. Only WebRecon can tell you who in your database may have a Florida Worker’s Comp case filed that could trigger litigation against you.

You can’t stop 100% of all lawsuits, but if you collect medical in Florida and you don’t have a process in place to show the court that you have a way to check every file against the Workers Comp database, then you have lost the case before it even begins.

Knock these suits out of the park with the Workers Comp Scrub.

Our Monthly Client Newsletter with The Litigant Hotsheet


Anyone can get our guest newsletter, but only clients get the version with the Litigant Hotsheet –  identifying the most active consumer Plaintiffs filing suit in jurisdictions around the country each month. Grab a coffee, shut your door and open your database to make sure you are doing all you can to stay safe.

Individual Vendor Consumer Complaint Search


Just like Vendor Monitoring, but without the monitoring. Search any business’s history of consumer complaints (Litigation, CFPB, BBB, State AG) with the click of a button! Great for on-the-fly gut checks of the companies you do business with.

Vendor Monitoring


Through vicarious liability, you can be held accountable for the bad behavior of your vendors. If they abuse consumers, for all intents and purposes, so do you. This is a big freakin’ deal!

But fear not, friend. WebRecon can track consumer litigation, CFPB, BBB and State AG Office complaints against the companies you do business with.

When a new complaint of any kind is filed against any of the companies you are monitoring, we’ll automatically push a report out to you with all of the publicly available details so you can react accordingly and if necessary, protect your interests.

The Litigious Consumer Phone Scrub


Would you knowingly dial a number attached to a consumer with a history of litigation? Of course not.

But thousands of companies do just that, every single day. If you’d like to know who they are, simply review the court dockets. They are the ones getting sued the most.

Sure, you can stop dialing consumers. But your marketing and operations teams might not be too excited about that plan.

Another idea? Identify the consumers most likely to sue you, based on previous litigation histories, and just don’t call them.

Identify high-risk phones quickly & easily, before you expose yourself to unnecessary risk.

Litigation Context Search


This is really cool.

Our primary search engine is really designed to search for parties to litigation. Need to know more about a consumer plaintiff? That’s easy. Defendant? Check. Lawyer? No problem.

But if you need to find all 1099C lawsuits filed in July 2020… not so much.

Which is why we developed the Context Search. We have pulled out and indexed the full text from over 140k consumer lawsuits and made them available to you in a search engine, with more than 1000 new lawsuits added each month. Use it to search the text of filed litigation so you can easily identify those hard-to-define trends and cases worth following.

Individual Search Engine


Instantly and easily search our proprietary database for any lawsuit participant – Plaintiff, Defendant or Attorney.

In the results, we’ll show you the full consumer litigation history of any participant, including the “docket data” (who, what, why, where, when) and – in many cases – we can even provide a copy of their actual filed lawsuits.

You can also search by phone, date range, federal/state, class action, court, statute, etc. We offer a ton of flexibility to get you the exact search result you are looking for.

The Litigant Alert Ongoing Monitoring Process


Just like our one-time batch process, but without the whole “one time” thing.

When one of your consumers files new litigation against anyone in the future, you should be the first to know. Our monitoring service can make that happen.

WebRecon can monitor your entire database (or any segment of it) for future instances of consumer litigation filed by the very consumers you are working with, right now!

It is simple to add new consumers to the watchlist, remove inactive accounts, download full reports, etc.

Best of all, we only charge you for the volume of your monitoring database – not the frequency of the searches. Search daily, weekly, every Tuesday and Friday, the 15th of each month, whatever – it is totally up to you! You won’t pay a penny more.

The Litigant Alert One-Time Batch Process


This is our flagship service. Find out why hundreds of companies won’t contact any consumers before running them through WebRecon’s Litigant Alert.

This process identifies consumers with a history of litigation quickly & easily. If they have ever filed lawsuits under FDCPA, TCPA, FCRA or similar statutes, you’ll find out here. 

WebRecon’s proprietary database is simply the most comprehensive collection of dangerous consumer litigation data in existence. 

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