Quick analysis: With just December consumer litigation left to tabulate in the coming weeks, 2023 YTD looks to have shaken out like this…

TCPA is up (+8.9%), FCRA is about even (-.3%) and FDCPA is down (-10.3%).

The die appears to be cast for one of the most interesting spreads in memory. The only real question left is if FCRA lawsuits in December will tip the tally above the zero point to end in slim positive territory or not. Either way, it will be pretty close with the big three diverging in the most balanced pattern we can remember.

For the month of November 2023, only FCRA (+2.7%) was in positive territory, while TCPA (-9.3%) and FDCPA (-11.6%) were both down. CFPB complaints were down (-2.7%) for the month but up (+.3%) YTD.

In other news, putative class actions represented 9% of FDCPA, 66.7%(!) of TCPA and 1.6% of FCRA lawsuits filed last month. About 41% of all plaintiffs who filed suit last month had filed at least once before. And finally, St. Louis attorney Joel Spencer Halvorsen represented the most consumers in November (25) while Atlanta attorney Matthew Thomas Berry retains the top spot for representing the most consumers YTD (173) so far in 2023.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Nov 01, 2023
Nov 30, 2023
Oct 01, 2023
Oct 31, 2023
Nov 01, 2022
Nov 30, 2022
Jan 01, 2023
Nov 30, 2023
Jan 01, 2022
Nov 30, 2022
CFPB  5382 5529 -2.7% 4395 22.5% 62687 62485 0.3%
FDCPA  366 414 -11.6% 269 36.1% 3800 4236 -10.3%
FCRA  498 485 2.7% 418 19.1% 5159 5177 -0.3%
TCPA  117 129 -9.3% 139 -15.8% 1571 1443 8.9%

 

Complaint Statistics:

5382 consumers filed CFPB complaints, and about 818 consumers filed lawsuits under consumer statutes from Nov 01, 2023 to Nov 30, 2023.

  • 5382 CFPB Complaints
  • 366 FDCPA, 33 Class Action (9.0%)
  • 117 TCPA, 78 Class Action (66.7%)
  • 498 FCRA, 8 Class Action (1.6%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 818 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 339, or (41%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 4288 lawsuits since 2001
  • Actions were filed in 146 different US District Court branches.
  • About 528 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 56 Lawsuits: Georgia Northern District Court – Atlanta
  • 39 Lawsuits: Florida Middle District Court – Tampa
  • 31 Lawsuits: Illinois Northern District Court – Chicago
  • 31 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 29 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 25 Lawsuits: Indiana Southern District Court – Indianapolis
  • 18 Lawsuits: California Central District Court – Southern Division – Santa Ana
  • 18 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 17 Lawsuits: Alabama Northern District Court – Southern
  • 17 Lawsuits: New Jersey District Court – Newark

The most active consumer attorneys were:

  • Representing 25 Consumers: JOEL SPENCER HALVORSEN
  • Representing 19 Consumers: MATTHEW THOMAS BERRY
  • Representing 19 Consumers: CHRISTOPHER NEIL ARMOR
  • Representing 14 Consumers: YITZCHAK ZELMAN
  • Representing 14 Consumers: SHAWN SHAWN JAFFER
  • Representing 13 Consumers: OCTAVIO GOMEZ
  • Representing 13 Consumers: M STAN HERRING
  • Representing 13 Consumers: JOHN G WATTS
  • Representing 13 Consumers: FRANK H KERNEY
  • Representing 12 Consumers: PATRICIA S LOCKHART

Statistics Year to Date:
9196 total lawsuits for 2023, including:

  • 3800 FDCPA
  • 5159 FCRA
  • 1571 TCPA

Number of Unique Plaintiffs for 2023: 8040 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 173 Consumers: MATTHEW THOMAS BERRY
  • Representing 165 Consumers: OCTAVIO GOMEZ
  • Representing 135 Consumers: JOEL SPENCER HALVORSEN
  • Representing 122 Consumers: CHRISTOPHER NEIL ARMOR
  • Representing 120 Consumers: JOSEPH POWELL MCCLELLAND
  • Representing 116 Consumers: SHAWN SHAWN JAFFER
  • Representing 111 Consumers: DAVID J PHILIPPS
  • Representing 101 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 93 Consumers: JOHN THOMAS STEINKAMP
  • Representing 91 Consumers: YITZCHAK ZELMAN

——————————————————————————————————-
CFPB Complaint Statistics:

There were 5382 complaints filed against debt collectors from Nov 01, 2023 to Nov 30, 2023.

Total number of debt collectors complained about: 722

The types of debt behind the complaints were:

  • 1634 I do not know (30%)
  • 1276 Credit card debt (24%)
  • 721 Other debt (13%)
  • 431 Telecommunications debt (8%)
  • 419 Medical debt (8%)
  • 379 Rental debt (7%)
  • 265 Auto debt (5%)
  • 98 Payday loan debt (2%)
  • 88 Mortgage debt (2%)
  • 42 Federal student loan debt (1%)
  • 29 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 2604 Attempts to collect debt not owed (48%)
  • 1383 Written notification about debt (26%)
  • 448 Took or threatened to take negative or legal action (8%)
  • 384 False statements or representation (7%)
  • 352 Communication tactics (7%)
  • 123 Electronic communications (2%)
  • 88 Threatened to contact someone or share information improperly (2%)

The top five subissues were:

  • 1378 Debt is not yours (26%)
  • 1150 Didnt receive enough information to verify debt (21%)
  • 785 Debt was result of identity theft (15%)
  • 364 Debt was paid (7%)
  • 291 Attempted to collect wrong amount (5%)

The top states complaints were filed from are:

  • 778 Complaints: CA
  • 585 Complaints: FL
  • 579 Complaints: TX
  • 387 Complaints: NY
  • 370 Complaints: GA
  • 212 Complaints: PA
  • 191 Complaints: IL
  • 176 Complaints: NC
  • 175 Complaints: NJ
  • 147 Complaints: VA

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

  • 3630 Closed with explanation (67%)
  • 993 In progress (18%)
  • 679 Closed with non-monetary relief (13%)
  • 57 Untimely response (1%)
  • 23 Closed with monetary relief (0%)

This includes 5274 (98%) timely responses to complaints, and 108 (2%) untimely responses.

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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