Quick analysis: They don’t call it “Fall” for nuthin’…

After everything (FDCPA, TCPA, FCRA) was up by double-digit percentages last month, everything is down by double-digit percentages this month. Well, almost. FDCPA had to be difficult and mess up my sweeping allegory by keeping its toe just under the line at 9.9%. But with that one exception, everything is double digits.

CFPB complaints, on the other hand, were down last month and up this month – exactly opposite of consumer litigation. Go figure.

Even after a precipitous drop of 19.3% last month, FCRA litigation is still up 5.1% YTD. But that is the only one, with FDCPA down 10.3% and TCPA down 15% from this time last year. At this point, it is tough to see how either of those recover to top last year’s number by the end of 2019, but one never knows.

In other news, putative class actions were a bit high last month with 21.1% of FDCPA, 41.5% of TCPA and 7.7% of FCRA lawsuits filed that way.

Over 40% of TCPA lawsuits being filed as putative class actions should be terrifying to companies that dial for a living.

About 39% of all plaintiffs who filed suit last month had filed at least once before. That number is really high as well.

And finally, Texas FCRA attorneys Jonathan Forrest Raburn and Dennis Dean McCarty stayed in the top spot, representing more consumers (32) than anyone else last month, all of them multi-plaintiff FCRA cases. New York attorney Craig B. Sanders is still at the top of the list YTD with 307 consumers represented.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Aug 01, 2019
Aug 31, 2019
Jul 01, 2019
Jul 31, 2019
Aug 01, 2018
Aug 31, 2018
Jan 01, 2019
Aug 31, 2019
Jan 01, 2018
Aug 31, 2018
CFPB  4265 4044 5.5% 4444 -4.0% 31918 37266 -14.4%
FDCPA  634 704 -9.9% 909 -30.3% 5728 6383 -10.3%
FCRA  413 512 -19.3% 433 -4.6% 3297 3138 5.1%
TCPA  246 286 -14.0% 363 -32.2% 2300 2707 -15.0%

 

Complaint Statistics:

4265 consumers filed CFPB complaints, and about 1225 consumers filed lawsuits under consumer statutes from Aug 01, 2019 to Aug 31, 2019.

  • 4265 CFPB Complaints
  • 634 FDCPA, 134 Class Action (21.1%)
  • 246 TCPA, 102 Class Action (41.5%)
  • 413 FCRA, 32 Class Action (7.7%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1225 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 472, or (39%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 4103 lawsuits since 2001
  • Actions were filed in 165 different US District Court branches.
  • About 781 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 61 Lawsuits: Illinois Northern District Court – Chicago
  • 49 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 43 Lawsuits: New Jersey District Court – Newark
  • 42 Lawsuits: Georgia Northern District Court – Atlanta
  • 41 Lawsuits: Florida Middle District Court – Tampa
  • 39 Lawsuits: New York Eastern District Court – Brooklyn
  • 36 Lawsuits: Indiana Southern District Court – Indianapolis
  • 36 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 30 Lawsuits: New York Eastern District Court – Central Islip
  • 26 Lawsuits: Delaware District Court – Wilmington

The most active consumer attorneys were:

  • Representing 32 Consumers: JONATHAN FORREST RABURN
  • Representing 32 Consumers: DENNIS DEAN MCCARTY
  • Representing 29 Consumers: SERGEI LEMBERG
  • Representing 28 Consumers: CRAIG B SANDERS
  • Representing 27 Consumers: ANTRANIG N GARIBIAN
  • Representing 24 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 23 Consumers: MATTHEW THOMAS BERRY
  • Representing 21 Consumers: DAVID SCOTT KLAIN
  • Representing 21 Consumers: PAUL JONATHAN SIEG
  • Representing 21 Consumers: TAXIARCHIS HATZIDIMITRIADIS

Statistics Year to Date:
9624 total lawsuits for 2019, including:

  • 5728 FDCPA
  • 3297 FCRA
  • 2300 TCPA

Number of Unique Plaintiffs for 2019: 9259 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 307 Consumers: CRAIG B SANDERS
  • Representing 280 Consumers: ANTRANIG N GARIBIAN
  • Representing 231 Consumers: SERGEI LEMBERG
  • Representing 231 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 207 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 203 Consumers: JONATHAN FORREST RABURN
  • Representing 170 Consumers: DAVID W HEMMINGER
  • Representing 166 Consumers: DAVID M BARSHAY
  • Representing 166 Consumers: MITCHELL L PASHKIN
  • Representing 163 Consumers: DAVID SCOTT KLAIN

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

There were 4265 complaints filed against debt collectors from Aug 01, 2019 to Aug 31, 2019.

Total number of debt collectors complained about: 813

The types of debt behind the complaints were:

  • 1174 Other debt (28%)
  • 1000 Credit card debt (23%)
  • 935 I do not know (22%)
  • 718 Medical debt (17%)
  • 134 Auto debt (3%)
  • 99 Payday loan debt (2%)
  • 83 Mortgage debt (2%)
  • 68 Federal student loan debt (2%)
  • 54 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 2058 Attempts to collect debt not owed (48%)
  • 849 Written notification about debt (20%)
  • 436 Communication tactics (10%)
  • 408 False statements or representation (10%)
  • 406 Took or threatened to take negative or legal action (10%)
  • 108 Threatened to contact someone or share information improperly (3%)

The top five subissues were:

  • 1017 Debt is not yours (24%)
  • 604 Debt was result of identity theft (14%)
  • 596 Didnt receive enough information to verify debt (14%)
  • 360 Debt was paid (8%)
  • 340 Attempted to collect wrong amount (8%)

The top states complaints were filed from are:

  • 543 Complaints: TX
  • 525 Complaints: CA
  • 443 Complaints: FL
  • 247 Complaints: NY
  • 236 Complaints: GA
  • 147 Complaints: PA
  • 140 Complaints: OH
  • 140 Complaints: NJ
  • 130 Complaints: IL
  • 126 Complaints: NC

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

  • 3355 Closed with explanation (79%)
  • 414 In progress (10%)
  • 363 Closed with non-monetary relief (9%)
  • 109 Untimely response (3%)
  • 24 Closed with monetary relief (1%)

This includes 4094 (96%) timely responses to complaints, and 171 (4%) 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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