Quick analysis: Everything litigation-related moved up in July for the first time since January. FDCPA, TCPA and FCRA were all up between 11%-16% over the previous month. YTD, all three either increased their percentages over 2018 (FCRA from from +2% to +6.5%) or decreased their negative percentages (FDCPA from -7.5% to -7% and TCPA from -12.7% to -12.4%). Even CFPB complaints, which did decrease from June (-8.6% at the moment, but those numbers are not settled yet) decreased their YTD percentage from -18.1% in June to -16.7% in July.

 

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Jul 01, 2019
Jul 31, 2019
Jun 01, 2019
Jun 30, 2019
Jul 01, 2018
Jul 31, 2018
Jan 01, 2019
Jul 31, 2019
Jan 01, 2018
Jul 31, 2018
CFPB  3741 4091 -8.6% 4037 -7.3% 27344 32822 -16.7%
FDCPA  700 607 15.3% 732 -4.4% 5090 5474 -7.0%
FCRA  510 442 15.4% 381 33.9% 2882 2705 6.5%
TCPA  285 256 11.3% 319 -10.7% 2053 2344 -12.4%

 

Here’s a fun new chart. Tracking FDCPA, FCRA and TCPA litigation through the years, but only for the first seven months of each year (Jan 1-July 31). Looking at this, it is easy to see where the momentum is now and where it has been in the past.

In other news, putative class actions were typical last month with 22.3% of FDCPA, 33% of TCPA and 3.7% of FCRA lawsuits filed that way.

About 35% of all plaintiffs who filed suit last month had filed at least once before.

And finally, Texas attorney Jonathan Forrest Raburn surged back into the top spot eleven months after his first showing there, representing more consumers (107) than anyone else last month (by far), all of them multi-plaintiff FCRA cases. New York attorney Craig B. Sanders is still at the top of the list YTD with 279 consumers represented.

 

 

Complaint Statistics:

3741 consumers filed CFPB complaints, and about 1264 consumers filed lawsuits under consumer statutes from Jul 01, 2019 to Jul 31, 2019.

  • 3741 CFPB Complaints
  • 700 FDCPA, 156 Class Action (22.3%)
  • 285 TCPA, 94 Class Action (33.0%)
  • 510 FCRA, 19 Class Action (3.7%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1264 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 444, or (35%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2899 lawsuits since 2001
  • Actions were filed in 168 different US District Court branches.
  • About 745 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 65 Lawsuits: Florida Middle District Court – Tampa
  • 64 Lawsuits: New York Eastern District Court – Brooklyn
  • 54 Lawsuits: Illinois Northern District Court – Chicago
  • 45 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 43 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 42 Lawsuits: Delaware District Court – Wilmington
  • 33 Lawsuits: Georgia Northern District Court – Atlanta
  • 30 Lawsuits: Kentucky Western District Court – Louisville
  • 29 Lawsuits: Florida Southern District Court – Miami
  • 28 Lawsuits: Texas Eastern District Court – Sherman

The most active consumer attorneys were:

  • Representing 107 Consumers: JONATHAN FORREST RABURN
  • Representing 54 Consumers: CRAIG B SANDERS
  • Representing 41 Consumers: ANTRANIG N GARIBIAN
  • Representing 37 Consumers: DENNIS DEAN MCCARTY
  • Representing 37 Consumers: DAVID M BARSHAY
  • Representing 26 Consumers: MITCHELL L PASHKIN
  • Representing 25 Consumers: DAVID W HEMMINGER
  • Representing 24 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 23 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 21 Consumers: SERGEI LEMBERG

Statistics Year to Date:
8473 total lawsuits for 2019, including:

  • 5090 FDCPA
  • 2882 FCRA
  • 2053 TCPA

Number of Unique Plaintiffs for 2019: 8181 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 279 Consumers: CRAIG B SANDERS
  • Representing 253 Consumers: ANTRANIG N GARIBIAN
  • Representing 206 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 202 Consumers: SERGEI LEMBERG
  • Representing 185 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 171 Consumers: JONATHAN FORREST RABURN
  • Representing 156 Consumers: DAVID W HEMMINGER
  • Representing 152 Consumers: MITCHELL L PASHKIN
  • Representing 145 Consumers: DAVID M BARSHAY
  • Representing 142 Consumers: DAVID SCOTT KLAIN

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

There were 3741 complaints filed against debt collectors from Jul 01, 2019 to Jul 31, 2019.

Total number of debt collectors complained about: 775

The types of debt behind the complaints were:

  • 1025 Other debt (27%)
  • 904 Credit card debt (24%)
  • 808 I do not know (22%)
  • 601 Medical debt (16%)
  • 126 Auto debt (3%)
  • 106 Payday loan debt (3%)
  • 74 Mortgage debt (2%)
  • 51 Federal student loan debt (1%)
  • 46 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 1822 Attempts to collect debt not owed (49%)
  • 757 Written notification about debt (20%)
  • 411 Communication tactics (11%)
  • 336 Took or threatened to take negative or legal action (9%)
  • 298 False statements or representation (8%)
  • 117 Threatened to contact someone or share information improperly (3%)

The top five subissues were:

  • 926 Debt is not yours (25%)
  • 502 Didnt receive enough information to verify debt (13%)
  • 490 Debt was result of identity theft (13%)
  • 342 Debt was paid (9%)
  • 249 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 509 Complaints: TX
  • 463 Complaints: CA
  • 386 Complaints: FL
  • 281 Complaints: GA
  • 214 Complaints: NY
  • 111 Complaints: NJ
  • 108 Complaints: NC
  • 105 Complaints: IL
  • 103 Complaints: VA
  • 95 Complaints: OH

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

  • 2896 Closed with explanation (77%)
  • 425 In progress (11%)
  • 307 Closed with non-monetary relief (8%)
  • 96 Untimely response (3%)
  • 17 Closed with monetary relief (0%)

This includes 3600 (96%) timely responses to complaints, and 141 (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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