Quick analysis: 2020 Starts with complaints up across the board.
Dec 2019: Everything ended the year down.
Jan 2020: Everything began the year up.
FDCPA, TCPA and FCRA were all up over last month, +1.6%, +11.5% and +28.6% respectively. FCRA was also up over last year January by +37.4%, while FDCPA and TCPA were down so far YTD, by -9.8% and -13.9% respectively. CFPB Complaints were up +13.2% over last month, and 19.1% over last year January.
These are not insignificant numbers. It is fair to say consumer complaint activity came roaring out of the gate in 2020. Even the +1.6% for FDCPA is a bit dramatic, considering that most months in these last few years it has shown a steady (if slow) decline.
In other news, putative class actions represented 23.3% of FDCPA, 45.2% of TCPA and 5.6% of FCRA lawsuits filed last month.
About 33% of all plaintiffs who filed suit last month had filed at least once before.
And finally, in what is his first time at the top of this list in several years, Los Angeles attorney Todd M. Friedman represented more consumers than anyone else in January (55) which also makes him the most active consumer attorney of the year (so far…).
| Current Month: | Previous Month: | Previous Year: |
Year to Date: | Year to Date Comp: |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Jan 01, 2020 Jan 31, 2020 |
Dec 01, 2019 Dec 31, 2019 |
Jan 01, 2019 Jan 31, 2019 |
Jan 01, 2020 Jan 31, 2020 |
Jan 01, 2019 Jan 31, 2019 |
|||||
| CFPB | 3777 | 3337 | 13.2% | 3171 | 19.1% | 3777 | 3171 | 19.1% | |
| FDCPA | 647 | 637 | 1.6% | 717 | -9.8% | 647 | 717 | -9.8% | |
| FCRA | 481 | 374 | 28.6% | 350 | 37.4% | 481 | 350 | 37.4% | |
| TCPA | 261 | 234 | 11.5% | 303 | -13.9% | 261 | 303 | -13.9% | |
Complaint Statistics:
3777 consumers filed CFPB complaints, and about 1209 consumers filed lawsuits under consumer statutes from Jan 01, 2020 to Jan 31, 2020.
- 3777 CFPB Complaints
- 647 FDCPA, 151 Class Action (23.3%)
- 261 TCPA, 118 Class Action (45.2%)
- 481 FCRA, 27 Class Action (5.6%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 1209 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 398, or (33%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 2613 lawsuits since 2001
- Actions were filed in 161 different US District Court branches.
- About 810 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 70 Lawsuits: Illinois Northern District Court – Chicago
- 69 Lawsuits: New York Eastern District Court – Brooklyn
- 62 Lawsuits: California Central District Court – Western Division – Los Angeles
- 53 Lawsuits: Georgia Northern District Court – Atlanta
- 48 Lawsuits: Nevada District Court – Las Vegas
- 40 Lawsuits: Indiana Southern District Court – Indianapolis
- 39 Lawsuits: Florida Middle District Court – Tampa
- 33 Lawsuits: Arizona District Court – Phoenix
- 33 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 31 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
The most active consumer attorneys were:
- Representing 55 Consumers: TODD M FRIEDMAN
- Representing 49 Consumers: ADRIAN ROBERT BACON
- Representing 27 Consumers: DAVID W HEMMINGER
- Representing 26 Consumers: EDWARD Y KROUB
- Representing 25 Consumers: CRAIG B SANDERS
- Representing 25 Consumers: DAVID H KRIEGER
- Representing 24 Consumers: JOSEPH LEWIS ERKENBRACK
- Representing 24 Consumers: ADAM KLEIN
- Representing 23 Consumers: NATHAN CHARLES VOLHEIM
- Representing 22 Consumers: TAXIARCHIS HATZIDIMITRIADIS
Statistics Year to Date:
1212 total lawsuits for 2020, including:
- 647 FDCPA
- 481 FCRA
- 261 TCPA
Number of Unique Plaintiffs for 2020: 1209 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 55 Consumers: TODD M FRIEDMAN
- Representing 49 Consumers: ADRIAN ROBERT BACON
- Representing 27 Consumers: DAVID W HEMMINGER
- Representing 26 Consumers: EDWARD Y KROUB
- Representing 25 Consumers: CRAIG B SANDERS
- Representing 25 Consumers: DAVID H KRIEGER
- Representing 24 Consumers: JOSEPH LEWIS ERKENBRACK
- Representing 24 Consumers: ADAM KLEIN
- Representing 23 Consumers: NATHAN CHARLES VOLHEIM
- Representing 22 Consumers: TAXIARCHIS HATZIDIMITRIADIS
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CFPB Complaint Statistics:
There were 3777 complaints filed against debt collectors from Jan 01, 2020 to Jan 31, 2020.
Total number of debt collectors complained about: 834
The types of debt behind the complaints were:
- 1019 Other debt (27%)
- 885 I do not know (23%)
- 828 Credit card debt (22%)
- 601 Medical debt (16%)
- 148 Auto debt (4%)
- 123 Payday loan debt (3%)
- 66 Mortgage debt (2%)
- 59 Private student loan debt (2%)
- 48 Federal student loan debt (1%)
Here is a breakdown of complaints:
- 1725 Attempts to collect debt not owed (46%)
- 827 Written notification about debt (22%)
- 419 Took or threatened to take negative or legal action (11%)
- 372 Communication tactics (10%)
- 352 False statements or representation (9%)
- 82 Threatened to contact someone or share information improperly (2%)
The top five subissues were:
- 896 Debt is not yours (24%)
- 620 Didnt receive enough information to verify debt (16%)
- 428 Debt was result of identity theft (11%)
- 352 Debt was paid (9%)
- 263 Attempted to collect wrong amount (7%)
The top states complaints were filed from are:
- 436 Complaints: CA
- 379 Complaints: TX
- 341 Complaints: FL
- 228 Complaints: NY
- 214 Complaints: GA
- 124 Complaints: NC
- 118 Complaints: OH
- 118 Complaints: PA
- 115 Complaints: VA
- 114 Complaints: MI
The status of the month’s complaints are as follows:
- 3066 Closed with explanation (81%)
- 313 Closed with non-monetary relief (8%)
- 287 In progress (8%)
- 88 Untimely response (2%)
- 23 Closed with monetary relief (1%)
This includes 3619 (96%) timely responses to complaints, and 158 (4%) untimely responses.