Quick analysis: 2023 Starts With Some Bite
January ’23 continued December ’22s trend of two out of three statutes (plus CFPB complaints) being up for the month. It was just a different two.
In January, CFPB complaints (+20.9%), FDCPA (+15.5%) and TCPA (+41.5%) were all up by significant margins, while FCRA (-2.7%) was down nominally. CFPB complaints (+12.2%) and TCPA lawsuits (+1.5%) are both up over last year January numbers, while FDCPA (-33.8%) and FCRA (-16.2%) are both down YTD.
In other news, putative class actions represented 14.9% of FDCPA, 52.6% of TCPA and 1.5% of FCRA lawsuits filed last month. About 42% of all plaintiffs who filed suit last month had filed at least once before. And finally, St Louis MO attorney Joel Spencer Halvorsen makes his debut at the top of this list along with Chicago-area attorney David J. Phillips for each representing the most consumers in January (17) and YTD so far in 2023.
| Current Month: | Previous Month: | Previous Year: |
Year to Date: | Year to Date Comp: |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Jan 01, 2023 Jan 31, 2023 |
Dec 01, 2022 Dec 31, 2022 |
Jan 01, 2022 Jan 31, 2022 |
Jan 01, 2023 Jan 31, 2023 |
Jan 01, 2022 Jan 31, 2022 |
|||||
| CFPB | 5774 | 4774 | 20.9% | 5145 | 12.2% | 5774 | 5145 | 12.2% | |
| FDCPA | 343 | 297 | 15.5% | 518 | -33.8% | 343 | 518 | -33.8% | |
| FCRA | 439 | 451 | -2.7% | 524 | -16.2% | 439 | 524 | -16.2% | |
| TCPA | 133 | 94 | 41.5% | 131 | 1.5% | 133 | 131 | 1.5% | |
Complaint Statistics:
5774 consumers filed CFPB complaints, and about 777 consumers filed lawsuits under consumer statutes from Jan 01, 2023 to Jan 31, 2023.
- 5774 CFPB Complaints
- 343 FDCPA, 51 Class Action (14.9%)
- 133 TCPA, 70 Class Action (52.6%)
- 439 FCRA, 11 Class Action (2.5%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 777 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 323, or (42%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 2191 lawsuits since 2001
- Actions were filed in 155 different US District Court branches.
- About 540 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 49 Lawsuits: Georgia Northern District Court – Atlanta
- 39 Lawsuits: Illinois Northern District Court – Chicago
- 29 Lawsuits: Indiana Southern District Court – Indianapolis
- 22 Lawsuits: Florida Middle District Court – Tampa
- 22 Lawsuits: California Central District Court – Western Division – Los Angeles
- 21 Lawsuits: Texas Northern District Court – Dallas
- 19 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 18 Lawsuits: Texas Western District Court – Austin
- 17 Lawsuits: Minnesota District Court – Dmn
- 17 Lawsuits: California Southern District Court – San Diego
The most active consumer attorneys were:
- Representing 17 Consumers: JOEL SPENCER HALVORSEN
- Representing 17 Consumers: DAVID J PHILIPPS
- Representing 16 Consumers: JOSEPH POWELL MCCLELLAND
- Representing 14 Consumers: MATTHEW THOMAS BERRY
- Representing 13 Consumers: ANTHONY PARONICH
- Representing 13 Consumers: YAAKOV SAKS
- Representing 11 Consumers: THOMAS MARTIN BONAN
- Representing 10 Consumers: ARIANA KIENER
- Representing 10 Consumers: PHILLIP WESLEY POOL
- Representing 10 Consumers: ALLEN EDGAR ROBERTSON
Statistics Year to Date:
798 total lawsuits for 2023, including:
- 343 FDCPA
- 439 FCRA
- 133 TCPA
Number of Unique Plaintiffs for 2023: 777 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 17 Consumers: JOEL SPENCER HALVORSEN
- Representing 17 Consumers: DAVID J PHILIPPS
- Representing 16 Consumers: JOSEPH POWELL MCCLELLAND
- Representing 14 Consumers: MATTHEW THOMAS BERRY
- Representing 13 Consumers: ANTHONY PARONICH
- Representing 13 Consumers: YAAKOV SAKS
- Representing 11 Consumers: THOMAS MARTIN BONAN
- Representing 10 Consumers: ARIANA KIENER
- Representing 10 Consumers: PHILLIP WESLEY POOL
- Representing 10 Consumers: ALLEN EDGAR ROBERTSON
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CFPB Complaint Statistics:
There were 5774 complaints filed against debt collectors from Jan 01, 2023 to Jan 31, 2023.
Total number of debt collectors complained about: 818
The types of debt behind the complaints were:
- 1642 Other debt (28%)
- 1540 I do not know (27%)
- 1249 Credit card debt (22%)
- 839 Medical debt (15%)
- 262 Auto debt (5%)
- 114 Payday loan debt (2%)
- 63 Mortgage debt (1%)
- 36 Federal student loan debt (1%)
- 29 Private student loan debt (1%)
Here is a breakdown of complaints:
- 3243 Attempts to collect debt not owed (56%)
- 977 Written notification about debt (17%)
- 588 Took or threatened to take negative or legal action (10%)
- 472 False statements or representation (8%)
- 390 Communication tactics (7%)
- 104 Threatened to contact someone or share information improperly (2%)
The top five subissues were:
- 1813 Debt is not yours (31%)
- 876 Debt was result of identity theft (15%)
- 624 Didnt receive enough information to verify debt (11%)
- 462 Debt was paid (8%)
- 366 Attempted to collect wrong amount (6%)
The top states complaints were filed from are:
- 660 Complaints: FL
- 600 Complaints: TX
- 534 Complaints: CA
- 393 Complaints: GA
- 309 Complaints: NY
- 283 Complaints: IL
- 265 Complaints: PA
- 205 Complaints: NC
- 203 Complaints: OH
- 190 Complaints: MI
The status of the month’s complaints are as follows:
- 4326 Closed with explanation (75%)
- 873 In progress (15%)
- 476 Closed with non-monetary relief (8%)
- 75 Untimely response (1%)
- 24 Closed with monetary relief (0%)
This includes 5548 (96%) timely responses to complaints, and 226 (4%) untimely responses.