Quick analysis: FDCPA Up, TCPA/FCRA Down, CFPB Way Up YTD
In an unusual reversal of fortunes, FDCPA (+4.7%) numbers are up in April 2021 while TCPA (-30.7%) and FCRA (-13.4%) numbers are down. YTD is a bit of a different story with FDCPA (-15.7%) and TCPA (-57.2%) down, and FCRA (+3.4%) up.
Note: That YTD TCPA number is complicated by an anomalous early 2020 surge in plaintiffs, making 2021 numbers seem lower in contrast than they should be.
In CFPB complaint news, April complaints slid (-15.7%) but YTD the numbers are soaring at 37.9% above where they were in 2020.
In other news, putative class actions represented 25% of FDCPA, 50.7% of TCPA and 5.8% of FCRA lawsuits filed last month.
About 36% of all plaintiffs who filed suit last month had filed at least once before.
And finally, Georgia attorney Matthew Thomas Berry took back the top attorney spot by representing 32 consumers last month, and he also took the title of the most active consumer attorney of the year with 77 consumers represented so far in 2021.
| Current Month: | Previous Month: | Previous Year: |
Year to Date: | Year to Date Comp: |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Apr 01, 2021 Apr 30, 2021 |
Mar 01, 2021 Mar 31, 2021 |
Apr 01, 2020 Apr 30, 2020 |
Jan 01, 2021 Apr 30, 2021 |
Jan 01, 2020 Apr 30, 2020 |
|||||
| CFPB | 5678 | 6737 | -15.7% | 4514 | 25.8% | 22700 | 16462 | 37.9% | |
| FDCPA | 585 | 559 | 4.7% | 603 | -3.0% | 2107 | 2498 | -15.7% | |
| FCRA | 446 | 515 | -13.4% | 460 | -3.0% | 1834 | 1773 | 3.4% | |
| TCPA | 138 | 199 | -30.7% | 656 | -79.0% | 736 | 1720 | -57.2% | |
Complaint Statistics:
5678 consumers filed CFPB complaints, and about 1058 consumers filed lawsuits under consumer statutes from Apr 01, 2021 to Apr 30, 2021.
- 5678 CFPB Complaints
- 585 FDCPA, 146 Class Action (25.0%)
- 138 TCPA, 70 Class Action (50.7%)
- 446 FCRA, 26 Class Action (5.8%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 1058 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 377, or (36%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 3126 lawsuits since 2001
- Actions were filed in 149 different US District Court branches.
- About 704 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 72 Lawsuits: Illinois Northern District Court – Chicago
- 62 Lawsuits: Georgia Northern District Court – Atlanta
- 56 Lawsuits: Florida Middle District Court – Tampa
- 48 Lawsuits: New York Eastern District Court – Brooklyn
- 42 Lawsuits: California Central District Court – Western Division – Los Angeles
- 39 Lawsuits: New York Eastern District Court – Central Islip
- 36 Lawsuits: Indiana Southern District Court – Indianapolis
- 25 Lawsuits: New Jersey District Court – Newark
- 25 Lawsuits: Texas Northern District Court – Dallas
- 25 Lawsuits: Minnesota District Court – Dmn
The most active consumer attorneys were:
- Representing 32 Consumers: MATTHEW THOMAS BERRY
- Representing 28 Consumers: DAVID M BARSHAY
- Representing 18 Consumers: TAMIR SALAND
- Representing 16 Consumers: JOHN THOMAS STEINKAMP
- Representing 14 Consumers: DAVID W HEMMINGER
- Representing 13 Consumers: THOMAS WIDMAN
- Representing 13 Consumers: DAVID H KRIEGER
- Representing 13 Consumers: DAVID M MARCO
- Representing 13 Consumers: DAVID J PHILIPPS
- Representing 12 Consumers: ALEJANDRO EMMANUEL FIGUEROA
Statistics Year to Date:
4246 total lawsuits for 2021, including:
- 2107 FDCPA
- 1834 FCRA
- 736 TCPA
Number of Unique Plaintiffs for 2021: 4125 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 77 Consumers: MATTHEW THOMAS BERRY
- Representing 75 Consumers: TODD M FRIEDMAN
- Representing 74 Consumers: CRAIG B SANDERS
- Representing 68 Consumers: DAVID M BARSHAY
- Representing 67 Consumers: AMY LYNN BENNECOFF GINSBURG
- Representing 63 Consumers: ADRIAN ROBERT BACON
- Representing 57 Consumers: DAVID W HEMMINGER
- Representing 56 Consumers: NATHAN CHARLES VOLHEIM
- Representing 53 Consumers: YOSEF STEINMETZ
- Representing 51 Consumers: DAVID J PHILIPPS
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CFPB Complaint Statistics:
There were 5678 complaints filed against debt collectors from Apr 01, 2021 to Apr 30, 2021.
Total number of debt collectors complained about: 845
The types of debt behind the complaints were:
- 1515 Credit card debt (27%)
- 1465 Other debt (26%)
- 1260 I do not know (22%)
- 869 Medical debt (15%)
- 256 Auto debt (5%)
- 152 Payday loan debt (3%)
- 81 Mortgage debt (1%)
- 52 Private student loan debt (1%)
- 28 Federal student loan debt (0%)
Here is a breakdown of complaints:
- 2935 Attempts to collect debt not owed (52%)
- 1441 Written notification about debt (25%)
- 448 Took or threatened to take negative or legal action (8%)
- 438 False statements or representation (8%)
- 335 Communication tactics (6%)
- 81 Threatened to contact someone or share information improperly (1%)
The top five subissues were:
- 1574 Debt is not yours (28%)
- 1057 Didnt receive enough information to verify debt (19%)
- 807 Debt was result of identity theft (14%)
- 479 Debt was paid (8%)
- 359 Attempted to collect wrong amount (6%)
The top states complaints were filed from are:
- 729 Complaints: TX
- 667 Complaints: FL
- 614 Complaints: CA
- 474 Complaints: GA
- 326 Complaints: NY
- 190 Complaints: PA
- 188 Complaints: MA
- 177 Complaints: VA
- 159 Complaints: IL
- 147 Complaints: NC
The status of the month’s complaints are as follows:
- 4544 Closed with explanation (80%)
- 580 In progress (10%)
- 430 Closed with non-monetary relief (8%)
- 108 Untimely response (2%)
- 16 Closed with monetary relief (0%)
This includes 5496 (97%) timely responses to complaints, and 182 (3%) untimely responses.