Quick analysis: TCPA & FCRA Down, FDCPA Up for Oct

Well, it’s another month with sort of weird results. Somewhat bucking long term trends, FDCPA (+14.7%) suits were up in October while TCPA (-17.3%) and FCRA (-7.8%) were both down. YTD however, TCPA (+11.5%) was the only one up from last year, while FDCPA (-13.4%) and FCRA (-2.1%) were trending downward.

By the way, CFPB complaints were up for the month (+3.1%) but down YTD (-1.4%)

In other news, putative class actions represented 7.5% of FDCPA, 69%(!) of TCPA and 4.7% of FCRA lawsuits filed last month. About 41% of all plaintiffs who filed suit last month had filed at least once before. And finally, Atlanta attorney Matthew Thomas Berry represented the most consumers in October (18) and has taken the top spot back for representing the most consumers YTD (154) so far in 2023.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Oct 01, 2023
Oct 31, 2023
Sep 01, 2023
Sep 30, 2023
Oct 01, 2022
Oct 31, 2022
Jan 01, 2023
Oct 31, 2023
Jan 01, 2022
Oct 31, 2022
CFPB  5517 5352 3.1% 4761 15.9% 57287 58090 -1.4%
FDCPA  414 361 14.7% 282 46.8% 3434 3967 -13.4%
FCRA  485 526 -7.8% 422 14.9% 4661 4759 -2.1%
TCPA  129 156 -17.3% 133 -3.0% 1454 1304 11.5%

 

Complaint Statistics:

5517 consumers filed CFPB complaints, and about 827 consumers filed lawsuits under consumer statutes from Oct 01, 2023 to Oct 31, 2023.

  • 5517 CFPB Complaints
  • 414 FDCPA, 31 Class Action (7.5%)
  • 129 TCPA, 89 Class Action (69.0%)
  • 485 FCRA, 23 Class Action (4.7%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 827 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 4265 lawsuits since 2001
  • Actions were filed in 153 different US District Court branches.
  • About 630 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 68 Lawsuits: Georgia Northern District Court – Atlanta
  • 41 Lawsuits: Illinois Northern District Court – Chicago
  • 38 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 28 Lawsuits: Florida Middle District Court – Tampa
  • 26 Lawsuits: Texas Southern District Court – Houston
  • 20 Lawsuits: Florida Middle District Court – Orlando
  • 18 Lawsuits: California Southern District Court – San Diego
  • 18 Lawsuits: Indiana Southern District Court – Indianapolis
  • 18 Lawsuits: North Carolina Western District Court – Charlotte
  • 18 Lawsuits: Texas Northern District Court – Dallas

The most active consumer attorneys were:

  • Representing 18 Consumers: MATTHEW THOMAS BERRY
  • Representing 17 Consumers: JOHN W KAUFFMAN
  • Representing 17 Consumers: SHAWN SHAWN JAFFER
  • Representing 14 Consumers: JOEL SPENCER HALVORSEN
  • Representing 12 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 12 Consumers: OCTAVIO GOMEZ
  • Representing 11 Consumers: KYLE W SCHUMACHER
  • Representing 10 Consumers: CHRISTOPHER NEIL ARMOR
  • Representing 10 Consumers: CRAIG B SANDERS
  • Representing 9 Consumers: TAXIARCHIS HATZIDIMITRIADIS

Statistics Year to Date:
8353 total lawsuits for 2023, including:

  • 3434 FDCPA
  • 4661 FCRA
  • 1454 TCPA

Number of Unique Plaintiffs for 2023: 7342 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 154 Consumers: MATTHEW THOMAS BERRY
  • Representing 152 Consumers: OCTAVIO GOMEZ
  • Representing 116 Consumers: JOSEPH POWELL MCCLELLAND
  • Representing 110 Consumers: JOEL SPENCER HALVORSEN
  • Representing 104 Consumers: DAVID J PHILIPPS
  • Representing 103 Consumers: CHRISTOPHER NEIL ARMOR
  • Representing 102 Consumers: SHAWN SHAWN JAFFER
  • Representing 90 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 83 Consumers: AHREN A TILLER
  • Representing 82 Consumers: JOHN THOMAS STEINKAMP

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

There were 5517 complaints filed against debt collectors from Oct 01, 2023 to Oct 31, 2023.

Total number of debt collectors complained about: 790

The types of debt behind the complaints were:

  • 1353 I do not know (25%)
  • 1273 Credit card debt (23%)
  • 902 Other debt (16%)
  • 522 Medical debt (9%)
  • 447 Rental debt (8%)
  • 440 Telecommunications debt (8%)
  • 280 Auto debt (5%)
  • 133 Payday loan debt (2%)
  • 71 Mortgage debt (1%)
  • 49 Private student loan debt (1%)
  • 47 Federal student loan debt (1%)

Here is a breakdown of complaints:

  • 3016 Attempts to collect debt not owed (55%)
  • 906 Written notification about debt (16%)
  • 560 Took or threatened to take negative or legal action (10%)
  • 436 False statements or representation (8%)
  • 410 Communication tactics (7%)
  • 97 Electronic communications (2%)
  • 92 Threatened to contact someone or share information improperly (2%)

The top five subissues were:

  • 1467 Debt is not yours (27%)
  • 1055 Debt was result of identity theft (19%)
  • 605 Didnt receive enough information to verify debt (11%)
  • 415 Debt was paid (8%)
  • 364 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 688 Complaints: FL
  • 644 Complaints: TX
  • 513 Complaints: CA
  • 442 Complaints: GA
  • 261 Complaints: NY
  • 219 Complaints: IL
  • 209 Complaints: NC
  • 205 Complaints: PA
  • 192 Complaints: VA
  • 165 Complaints: OH

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

  • 4049 Closed with explanation (73%)
  • 795 In progress (14%)
  • 596 Closed with non-monetary relief (11%)
  • 62 Untimely response (1%)
  • 15 Closed with monetary relief (0%)

This includes 5399 (98%) timely responses to complaints, and 118 (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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