Quick analysis: An Interesting Dichotomy…

For June, 2020 we have a picture I don’t quite remember seeing before. FDCPA is up a strong +20.2% over last month and FCRA/TCPA are both down pretty big as well, -12.9% and -11.1%, respectively. That on its own is fairly unusual.

BUT… when you look at the YTD, we get the mirror image, with FDCPA down -16.9% and FCRA/TCPA both up, +8.2% and +17.7%, respectively.

Significance? Probably little, if any. But it is still an interesting puzzle to solve, why FDCPA is so high up in June but down YTD, and why FCRA/TCPA are so far down in June but up YTD.

CFPB complaints against debt collectors, meanwhile, were fairly steady in June. Down a hair (-1.8% but that will further tighten) and +7.9% up YTD, which has also been pretty steady for the last several months.

In other news, putative class actions represented 19.2% of FDCPA, 40.2% of TCPA and 2.4% of FCRA lawsuits filed last month.

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

And finally, Texas attorney Shawn Jaffer shares the top spot with Georgia attorney Matthew Thomas Berry for representing more consumers than anyone else in the month with 28 each and New York’s Craig B. Sanders has filed the most for the year with 238. That YTD stat excludes attorneys Nicole Rochelle Lewis and Rebecca Evans who crammed hundreds of plaintiffs into a few TCPA lawsuits earlier this year.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Jun 01, 2020
Jun 30, 2020
May 01, 2020
May 31, 2020
Jun 01, 2019
Jun 30, 2019
Jan 01, 2020
Jun 30, 2020
Jan 01, 2019
Jun 30, 2019
CFPB  4383 4464 -1.8% 4096 7.0% 25482 23611 7.9%
FDCPA  630 524 20.2% 607 3.8% 3651 4394 -16.9%
FCRA  371 426 -12.9% 442 -16.1% 2570 2376 8.2%
TCPA  184 207 -11.1% 258 -28.7% 2106 1789 17.7%

 

Complaint Statistics:

4383 consumers filed CFPB complaints, and about 1075 consumers filed lawsuits under consumer statutes from Jun 01, 2020 to Jun 30, 2020.

  • 4383 CFPB Complaints
  • 630 FDCPA, 121 Class Action (19.2%)
  • 184 TCPA, 74 Class Action (40.2%)
  • 371 FCRA, 9 Class Action (2.4%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1075 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 373, or (35%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1933 lawsuits since 2001
  • Actions were filed in 151 different US District Court branches.
  • About 704 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 66 Lawsuits: Illinois Northern District Court – Chicago
  • 56 Lawsuits: Georgia Northern District Court – Atlanta
  • 51 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 40 Lawsuits: New York Eastern District Court – Brooklyn
  • 36 Lawsuits: Wisconsin Eastern District Court – Milwaukee
  • 28 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 28 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 27 Lawsuits: Florida Middle District Court – Tampa
  • 26 Lawsuits: New Jersey District Court – Newark
  • 25 Lawsuits: Nevada District Court – Las Vegas

The most active consumer attorneys were:

  • Representing 28 Consumers: SHAWN JAFFER
  • Representing 28 Consumers: MATTHEW THOMAS BERRY
  • Representing 23 Consumers: MICHAEL S AGRUSS
  • Representing 22 Consumers: EDWARD Y KROUB
  • Representing 21 Consumers: ADAM KLEIN
  • Representing 20 Consumers: CRAIG B SANDERS
  • Representing 19 Consumers: JOSEPH SCOTT DAVIDSON
  • Representing 19 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 18 Consumers: TAYLOR LEIGH KOSLA
  • Representing 18 Consumers: JAMES JOSHUA PARR

Statistics Year to Date:
6608 total lawsuits for 2020, including:

  • 3651 FDCPA
  • 2570 FCRA
  • 2106 TCPA

Number of Unique Plaintiffs for 2020: 6999 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 361 Consumers: REBECCA EVANS
  • Representing 238 Consumers: NICOLE ROCHELLE LEWIS
  • Representing 238 Consumers: CRAIG B SANDERS
  • Representing 155 Consumers: MICHAEL ZHANG
  • Representing 142 Consumers: TODD M FRIEDMAN
  • Representing 140 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 118 Consumers: DAVID M BARSHAY
  • Representing 115 Consumers: ADAM KLEIN
  • Representing 114 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 114 Consumers: ADRIAN ROBERT BACON

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

There were 4383 complaints filed against debt collectors from Jun 01, 2020 to Jun 30, 2020.

Total number of debt collectors complained about: 725

The types of debt behind the complaints were:

  • 1150 Credit card debt (26%)
  • 1099 I do not know (25%)
  • 1094 Other debt (25%)
  • 628 Medical debt (14%)
  • 135 Auto debt (3%)
  • 130 Payday loan debt (3%)
  • 81 Mortgage debt (2%)
  • 40 Private student loan debt (1%)
  • 26 Federal student loan debt (1%)

Here is a breakdown of complaints:

  • 2417 Attempts to collect debt not owed (55%)
  • 854 Written notification about debt (19%)
  • 403 False statements or representation (9%)
  • 336 Took or threatened to take negative or legal action (8%)
  • 290 Communication tactics (7%)
  • 83 Threatened to contact someone or share information improperly (2%)

The top five subissues were:

  • 1181 Debt is not yours (27%)
  • 762 Debt was result of identity theft (17%)
  • 620 Didnt receive enough information to verify debt (14%)
  • 406 Debt was paid (9%)
  • 319 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 695 Complaints: TX
  • 538 Complaints: FL
  • 490 Complaints: CA
  • 358 Complaints: GA
  • 220 Complaints: NY
  • 132 Complaints: OH
  • 129 Complaints: IL
  • 119 Complaints: LA
  • 117 Complaints: NC
  • 104 Complaints: VA

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

  • 3476 Closed with explanation (79%)
  • 419 In progress (10%)
  • 371 Closed with non-monetary relief (8%)
  • 94 Untimely response (2%)
  • 23 Closed with monetary relief (1%)

This includes 4233 (97%) timely responses to complaints, and 150 (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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