Quick analysis: Summer Divergences

August was marked by a few interesting divergences among the data. First, FDCPA lawsuits were up (+7.5%) over the previous month while down (-6.4%) YTD from 2020. TCPA lawsuits were down (-7.7%) from the previous month and YTD (don’t use our YTD comparison, it is tainted by a crazy 2020 filing with a zillion plaintiffs in it). And FCRA was up both over the previous month and YTD (+8.5%, +7.3%, respectively).

Also, CFPB complaints, which have been on a tear this year, were down quite a bit from July (-18.2%) while still being up (a whopping 37.2%) from 2020.

In other news, putative class actions represented 21.1% of FDCPA, 47.5% of TCPA and 3.2% of FCRA lawsuits filed last month. About 40% of all plaintiffs who filed suit last month had filed at least once before. And finally, Georgia attorney Matthew Thomas Berry took the top spot for representing the most consumers in August (42) and being most active consumer attorney of the year with 207 consumers represented so far in 2021.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Aug 01, 2021
Aug 31, 2021
Jul 01, 2021
Jul 31, 2021
Aug 01, 2020
Aug 31, 2020
Jan 01, 2021
Aug 31, 2021
Jan 01, 2020
Aug 31, 2020
CFPB  5869 7179 -18.2% 4742 23.8% 47900 34916 37.2%
FDCPA  601 559 7.5% 532 13.0% 4507 4816 -6.4%
FCRA  473 436 8.5% 419 12.9% 3674 3425 7.3%
TCPA  120 130 -7.7% 225 -46.7% 1277 2572 -50.3%

 

Complaint Statistics:

5869 consumers filed CFPB complaints, and about 1029 consumers filed lawsuits under consumer statutes from Aug 01, 2021 to Aug 31, 2021.

  • 5869 CFPB Complaints
  • 601 FDCPA, 127 Class Action (21.1%)
  • 120 TCPA, 57 Class Action (47.5%)
  • 473 FCRA, 15 Class Action (3.2%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1029 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 416, or (40%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 3415 lawsuits since 2001
  • Actions were filed in 163 different US District Court branches.
  • About 675 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 74 Lawsuits: Georgia Northern District Court – Atlanta
  • 55 Lawsuits: Illinois Northern District Court – Chicago
  • 44 Lawsuits: Florida Middle District Court – Tampa
  • 44 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 35 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 33 Lawsuits: New York Eastern District Court – Brooklyn
  • 33 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 29 Lawsuits: New Jersey District Court – Newark
  • 28 Lawsuits: Texas Northern District Court – Dallas
  • 25 Lawsuits: New York Southern District Court – Foley Square

The most active consumer attorneys were:

  • Representing 42 Consumers: MATTHEW THOMAS BERRY
  • Representing 25 Consumers: THOMAS JOHN PATTI
  • Representing 25 Consumers: JIBRAEL JARALLAH SAID HINDI
  • Representing 24 Consumers: CHRISTOPHER NEIL ARMOR
  • Representing 20 Consumers: OMAR TAYSEER SULAIMAN
  • Representing 20 Consumers: ALEJANDRO EMMANUEL FIGUEROA
  • Representing 18 Consumers: VICTOR THOMAS METROFF
  • Representing 18 Consumers: ALAIN CESAR
  • Representing 18 Consumers: JONATHAN ALEXANDER HEEPS
  • Representing 17 Consumers: DAVID J PHILIPPS

Statistics Year to Date:
8497 total lawsuits for 2021, including:

  • 4507 FDCPA
  • 3674 FCRA
  • 1277 TCPA

Number of Unique Plaintiffs for 2021: 7874 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 207 Consumers: MATTHEW THOMAS BERRY
  • Representing 162 Consumers: TODD M FRIEDMAN
  • Representing 137 Consumers: ALEJANDRO EMMANUEL FIGUEROA
  • Representing 130 Consumers: ADRIAN ROBERT BACON
  • Representing 128 Consumers: DAVID M BARSHAY
  • Representing 118 Consumers: THOMAS JOHN PATTI
  • Representing 118 Consumers: CRAIG B SANDERS
  • Representing 115 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 110 Consumers: DAVID J PHILIPPS
  • Representing 109 Consumers: JIBRAEL JARALLAH SAID HINDI

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

There were 5869 complaints filed against debt collectors from Aug 01, 2021 to Aug 31, 2021.

Total number of debt collectors complained about: 869

The types of debt behind the complaints were:

  • 1633 Credit card debt (28%)
  • 1468 I do not know (25%)
  • 1380 Other debt (24%)
  • 845 Medical debt (14%)
  • 251 Auto debt (4%)
  • 136 Payday loan debt (2%)
  • 73 Mortgage debt (1%)
  • 47 Federal student loan debt (1%)
  • 36 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 3188 Attempts to collect debt not owed (54%)
  • 1381 Written notification about debt (24%)
  • 438 False statements or representation (7%)
  • 434 Took or threatened to take negative or legal action (7%)
  • 346 Communication tactics (6%)
  • 82 Threatened to contact someone or share information improperly (1%)

The top five subissues were:

  • 1548 Debt is not yours (26%)
  • 1131 Debt was result of identity theft (19%)
  • 1061 Didnt receive enough information to verify debt (18%)
  • 426 Debt was paid (7%)
  • 353 Attempted to collect wrong amount (6%)

The top states complaints were filed from are:

  • 808 Complaints: TX
  • 675 Complaints: FL
  • 623 Complaints: CA
  • 483 Complaints: GA
  • 267 Complaints: NY
  • 254 Complaints: PA
  • 195 Complaints: SC
  • 194 Complaints: OH
  • 175 Complaints: NC
  • 175 Complaints: IL

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

  • 4708 Closed with explanation (80%)
  • 572 In progress (10%)
  • 466 Closed with non-monetary relief (8%)
  • 103 Untimely response (2%)
  • 20 Closed with monetary relief (0%)

This includes 5721 (97%) timely responses to complaints, and 148 (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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