Quick analysis: Here’s a novel twist on recent history… FDCPA (+18.7%), TCPA (+24.4%) and FCRA(+25%) numbers, as well as CFPB complaints (+28.5%) against debt collectors, were all up – by double digit percentages – in March.
Even so, FDCPA (-19.7%) and TCPA (-43.8%) were both down year-to-date from 2020. FCRA (+5.7%) and CFPB complaints (+42.9%) are both up YTD. That CFPB complaint growth is remarkable, and worth watching as the year rolls on.
In other news, putative class actions represented 14.7% of FDCPA, 31.7% of TCPA and 4.3% of FCRA lawsuits filed last month.
About 30% of all plaintiffs who filed suit last month had filed at least once before.
And finally, a longtime familiar name in consumer litigation has worked its way to the top of the list for most active consumer attorney of the month, I believe for the first time: Amy Lynn Benecoff Ginsburg from the PA firm Kimmel & Silverman represented 34 consumers last month. Los Angeles attorney Todd M. Friedman still holds the title of the most active consumer attorney of the year so far with 66 consumers represented, but Ginsburg is hot on his trail with 65 cases YTD.
| Current Month: | Previous Month: | Previous Year: |
Year to Date: | Year to Date Comp: |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Mar 01, 2021 Mar 31, 2021 |
Feb 01, 2021 Feb 28, 2021 |
Mar 01, 2020 Mar 31, 2020 |
Jan 01, 2021 Mar 31, 2021 |
Jan 01, 2020 Mar 31, 2020 |
|||||
| CFPB | 6783 | 5279 | 28.5% | 4205 | 61.3% | 17074 | 11948 | 42.9% | |
| FDCPA | 559 | 471 | 18.7% | 613 | -8.8% | 1522 | 1895 | -19.7% | |
| FCRA | 515 | 412 | 25.0% | 409 | 25.9% | 1388 | 1313 | 5.7% | |
| TCPA | 199 | 160 | 24.4% | 254 | -21.7% | 598 | 1064 | -43.8% | |
Complaint Statistics:
6783 consumers filed CFPB complaints, and about 1189 consumers filed lawsuits under consumer statutes from Mar 01, 2021 to Mar 31, 2021.
- 6783 CFPB Complaints
- 559 FDCPA, 82 Class Action (14.7%)
- 199 TCPA, 63 Class Action (31.7%)
- 515 FCRA, 22 Class Action (4.3%)
Litigation Summary (scroll down for CFPB data):
- Of those cases, there were about 1189 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 358, or (30%), had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 2668 lawsuits since 2001
- Actions were filed in 159 different US District Court branches.
- About 761 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 65 Lawsuits: Florida Middle District Court – Tampa
- 64 Lawsuits: California Central District Court – Western Division – Los Angeles
- 57 Lawsuits: Georgia Northern District Court – Atlanta
- 54 Lawsuits: New York Eastern District Court – Brooklyn
- 48 Lawsuits: Illinois Northern District Court – Chicago
- 37 Lawsuits: California Southern District Court – San Diego
- 34 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 32 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
- 25 Lawsuits: New Jersey District Court – Newark
- 23 Lawsuits: Indiana Southern District Court – Indianapolis
The most active consumer attorneys were:
- Representing 34 Consumers: AMY LYNN BENNECOFF GINSBURG
- Representing 20 Consumers: KYLE W SCHUMACHER
- Representing 19 Consumers: WILLIAM THOMAS HOOVER
- Representing 18 Consumers: MATTHEW THOMAS BERRY
- Representing 17 Consumers: YOSEF STEINMETZ
- Representing 16 Consumers: DAVID M BARSHAY
- Representing 16 Consumers: NATHAN CHARLES VOLHEIM
- Representing 16 Consumers: DAVID J PHILIPPS
- Representing 15 Consumers: DAVID W HEMMINGER
- Representing 14 Consumers: SUBHAN TARIQ
Statistics Year to Date:
3166 total lawsuits for 2021, including:
- 1522 FDCPA
- 1388 FCRA
- 598 TCPA
Number of Unique Plaintiffs for 2021: 3129 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 66 Consumers: TODD M FRIEDMAN
- Representing 65 Consumers: AMY LYNN BENNECOFF GINSBURG
- Representing 62 Consumers: CRAIG B SANDERS
- Representing 56 Consumers: ADRIAN ROBERT BACON
- Representing 45 Consumers: NATHAN CHARLES VOLHEIM
- Representing 45 Consumers: MATTHEW THOMAS BERRY
- Representing 43 Consumers: DAVID W HEMMINGER
- Representing 42 Consumers: YOSEF STEINMETZ
- Representing 41 Consumers: KYLE W SCHUMACHER
- Representing 40 Consumers: DAVID M BARSHAY
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CFPB Complaint Statistics:
There were 6783 complaints filed against debt collectors from Mar 01, 2021 to Mar 31, 2021.
Total number of debt collectors complained about: 900
The types of debt behind the complaints were:
- 2000 Credit card debt (29%)
- 1589 Other debt (23%)
- 1381 I do not know (20%)
- 1140 Medical debt (17%)
- 290 Auto debt (4%)
- 182 Payday loan debt (3%)
- 91 Mortgage debt (1%)
- 68 Private student loan debt (1%)
- 42 Federal student loan debt (1%)
Here is a breakdown of complaints:
- 3626 Attempts to collect debt not owed (53%)
- 1664 Written notification about debt (25%)
- 515 Took or threatened to take negative or legal action (8%)
- 495 False statements or representation (7%)
- 378 Communication tactics (6%)
- 105 Threatened to contact someone or share information improperly (2%)
The top five subissues were:
- 1872 Debt is not yours (28%)
- 1197 Didnt receive enough information to verify debt (18%)
- 1111 Debt was result of identity theft (16%)
- 535 Debt was paid (8%)
- 431 Didnt receive notice of right to dispute (6%)
The top states complaints were filed from are:
- 806 Complaints: FL
- 802 Complaints: TX
- 658 Complaints: CA
- 515 Complaints: GA
- 386 Complaints: NY
- 305 Complaints: MA
- 254 Complaints: VA
- 207 Complaints: IL
- 180 Complaints: PA
The status of the month’s complaints are as follows:
- 5502 Closed with explanation (81%)
- 564 In progress (8%)
- 558 Closed with non-monetary relief (8%)
- 135 Untimely response (2%)
- 24 Closed with monetary relief (0%)
This includes 6553 (97%) timely responses to complaints, and 230 (3%) untimely responses.