Quick analysis: Summer slump…
Everything was down in June. FDCPA, FCRA and TCPA (-2.4%, -26.6% and -20.9%, respectively) and CFPB complaints (-11.4%) all plummeted from what had been a strong May for all categories (except CFPB complaints, which were down a hair from April, -.8%).
Year-to-date, FCRA is the only statute that is up for the year, +9.6% over this time in 2017. CFPB complaints are up as well, +16.4% over 2017. FDCPA and TCPA are both down, -9.8% and 19.4%, respectively.
After several years of aggressive growth, TCPA just has not been able to sustain its numbers this year, a fact that should bring some (albeit minor) relief to the long-beleaguered collection and marketing verticals that have been targeted by relentless class actions invoking that statute.
In other news, putative class actions were mixed last month with 26% of FDCPA, 21.2% of TCPA and 5.3% of FCRA lawsuits filed that way.
About 30% of all plaintiffs who filed suit last month had filed at least once before.
And finally, Chicago attorney Nathan C. Volheim won the month by representing a total of 40 consumers. New York attorney Craig B. Sanders has represented 305 consumers so far in 2018, making him the most active consumer attorney YTD.
Note: We have temporarily removed BBB complaints from the grid, as we are experiencing some difficulties with their site. We should have everything updated and back in place by next month.
| Current Month: | Previous Month: | Previous Year: |
Year to Date: | Year to Date Comp: |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Jun 01, 2018 Jun 30, 2018 |
May 01, 2018 May 31, 2018 |
Jun 01, 2017 Jun 30, 2017 |
Jan 01, 2018 Jun 30, 2018 |
Jan 01, 2017 Jun 30, 2017 |
|||||
| CFPB | 4240 | 4788 | -11.4% | 3755 | 12.9% | 28647 | 24609 | 16.4% | |
| FDCPA | 778 | 797 | -2.4% | 894 | -13.0% | 4742 | 5255 | -9.8% | |
| FCRA | 375 | 511 | -26.6% | 386 | -2.8% | 2323 | 2119 | 9.6% | |
| TCPA | 326 | 412 | -20.9% | 450 | -27.6% | 2025 | 2512 | -19.4% | |
Complaint Statistics:
457 consumers filed BBB complaints, 4240 consumers filed CFPB complaints, and about 1311 consumers filed lawsuits under consumer statutes from Jun 01, 2018 to Jun 30, 2018.
- 457 BBB Complaints
- 4240 CFPB Complaints
- 778 FDCPA, 202 Class Action (26.0%)
- 326 TCPA, 69 Class Action (21.2%)
- 375 FCRA, 20 Class Action (5.3%)
Litigation Summary (scroll down for BBB and CFPB data):
- Of those cases, there were about 1311 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 399, or (30%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 5670 lawsuits since 2001
- Actions were filed in 179 different US District Court branches.
- About 784 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 85 Lawsuits: Illinois Northern District Court – Chicago
- 63 Lawsuits: New York Eastern District Court – Brooklyn
- 57 Lawsuits: Georgia Northern District Court – Atlanta
- 50 Lawsuits: Florida Middle District Court – Tampa
- 36 Lawsuits: California Central District Court – Western Division – Los Angeles
- 35 Lawsuits: Nevada District Court – Las Vegas
- 31 Lawsuits: California Eastern District Court – Sacramento
- 30 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
- 30 Lawsuits: Florida Southern District Court – Miami
- 29 Lawsuits: New York Eastern District Court – Central Islip
The most active consumer attorneys were:
- Representing 40 Consumers: NATHAN CHARLES VOLHEIM
- Representing 38 Consumers: TAXIARCHIS HATZIDIMITRIADIS
- Representing 33 Consumers: DAVID SCOTT KLAIN
- Representing 24 Consumers: DANIEL A LOURO
- Representing 21 Consumers: OMAR TAYSEER SULAIMAN
- Representing 21 Consumers: DAVID H KRIEGER
- Representing 21 Consumers: GEOFFREY BERNARD MCCARRELL
- Representing 20 Consumers: ANTRANIG N GARIBIAN
- Representing 19 Consumers: DAVID W HEMMINGER
- Representing 18 Consumers: TODD M FRIEDMAN
Statistics Year to Date:
7347 total lawsuits for 2018, including:
- 4742 FDCPA
- 2323 FCRA
- 2025 TCPA
Number of Unique Plaintiffs for 2018: 7417 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 305 Consumers: CRAIG B SANDERS
- Representing 223 Consumers: NATHAN CHARLES VOLHEIM
- Representing 212 Consumers: MOHAMMED OMAR BADWAN
- Representing 207 Consumers: TAXIARCHIS HATZIDIMITRIADIS
- Representing 187 Consumers: AHMAD TAYSEER SULAIMAN
- Representing 153 Consumers: ELLIOT GALE
- Representing 149 Consumers: JEFFREY N WILENS
- Representing 131 Consumers: THOMAS J CONNICK
- Representing 128 Consumers: DAVID H KRIEGER
- Representing 118 Consumers: CELETHA CHATMAN
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CFPB Complaint Statistics:
There were 4240 complaints filed against debt collectors from Jun 01, 2018 to Jun 30, 2018.
Total number of debt collectors complained about: 808
The types of debt behind the complaints were:
- 1262 Other debt (30%)
- 964 I do not know (23%)
- 909 Credit card debt (21%)
- 632 Medical debt (15%)
- 128 Auto debt (3%)
- 127 Payday loan debt (3%)
- 87 Mortgage debt (2%)
- 77 Private student loan debt (2%)
- 54 Federal student loan debt (1%)
Here is a breakdown of complaints:
- 1951 Attempts to collect debt not owed (46%)
- 1007 Written notification about debt (24%)
- 474 Communication tactics (11%)
- 368 Took or threatened to take negative or legal action (9%)
- 312 False statements or representation (7%)
- 128 Threatened to contact someone or share information improperly (3%)
The top five subissues were:
- 1018 Debt is not yours (24%)
- 794 Didnt receive enough information to verify debt (19%)
- 482 Debt was result of identity theft (11%)
- 386 Debt was paid (9%)
- 276 Frequent or repeated calls (7%)
The top states complaints were filed from are:
- 628 Complaints: TX
- 477 Complaints: CA
- 385 Complaints: FL
- 257 Complaints: GA
- 250 Complaints: NY
- 154 Complaints: NJ
- 145 Complaints: NC
- 138 Complaints: IL
- 137 Complaints:
- 106 Complaints: PA
The status of the month’s complaints are as follows:
- 3165 Closed with explanation (75%)
- 520 Closed with non-monetary relief (12%)
- 357 In progress (8%)
- 177 Untimely response (4%)
- 21 Closed with monetary relief (0%)
This includes 4002 (94%) timely responses to complaints, and 238 (6%) untimely responses.