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

——————————————————————————————————-
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.

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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