WebRecon Stats for May 2018: Get back to where you once belonged.

Quick analysis:

After an April of across-the-board drops in consumer complaint activity, May 2018 saw a bit of a rebound in every category except for CFPB complaints. But give those a week or two for the stragglers to come in, and we suspect those will be up as well.

Notably, FDCPA is up 10.4% and TCPA is up 23.5% – both statutes have had a rough year with declines much more common than increases. FCRA is up a huge 52.5%, which we will explain in a moment.

In other news, putative class actions were mixed last month with 25.4% of FDCPA, 27.6% of TCPA and 5.5% of FCRA lawsuits filed that way.

About 31% of all plaintiffs who filed suit last month had filed at least once before.

And finally, Southern California attorney Jeffrey N. Wilens dominated the month by representing a total of 149 consumers between three separate lawsuits filed on May 31 against Equifax. This is part of the reason FCRA suits are up a whopping 52.5% over April, but even without all of this activity FCRA would have been up almost 10%. The next most active attorney was New York’s Craig B Sanders, a frequent occupier of the top spot with 69 consumers represented for the month. Mr. Sanders has represented 288 consumers in 2018, making him the most active consumer attorney YTD.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
May 01, 2018
May 31, 2018
Apr 01, 2018
Apr 30, 2018
May 01, 2017
May 31, 2017
Jan 01, 2018
May 31, 2018
Jan 01, 2017
May 31, 2017
BBB  3211 2443 31.4% 6037 -46.8% 15998 30991 -48.4%
CFPB  4733 4773 -0.8% 4203 12.6% 24254 20854 16.3%
FDCPA  795 720 10.4% 972 -18.2% 3962 4361 -9.1%
FCRA  511 335 52.5% 378 35.2% 1947 1733 12.3%
TCPA  410 332 23.5% 506 -19.0% 1696 2062 -17.7%

 

Complaint Statistics:

3211 consumers filed BBB complaints, 4733 consumers filed CFPB complaints, and about 1449 consumers filed lawsuits under consumer statutes from May 01, 2018 to May 31, 2018.

  • 3211 BBB Complaints
  • 4733 CFPB Complaints
  • 795 FDCPA, 202 Class Action (25.4%)
  • 410 TCPA, 113 Class Action (27.6%)
  • 511 FCRA, 28 Class Action (5.5%)

Litigation Summary (scroll down for BBB and CFPB data):

  • Of those cases, there were about 1449 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 445, or (31%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2482 lawsuits since 2001
  • Actions were filed in 175 different US District Court branches.
  • About 807 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 119 Lawsuits: Illinois Northern District Court – Chicago
  • 57 Lawsuits: New York Eastern District Court – Central Islip
  • 56 Lawsuits: Georgia Northern District Court – Atlanta
  • 52 Lawsuits: Florida Middle District Court – Tampa
  • 43 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 41 Lawsuits: New York Eastern District Court – Brooklyn
  • 41 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 38 Lawsuits: Nevada District Court – Las Vegas
  • 30 Lawsuits: Indiana Southern District Court – Indianapolis
  • 28 Lawsuits: Wisconsin Eastern District Court – Milwaukee

The most active consumer attorneys were:

  • Representing 149 Consumers: JEFFREY N WILENS
  • Representing 68 Consumers: CRAIG B SANDERS
  • Representing 39 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 38 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 32 Consumers: TODD M FRIEDMAN
  • Representing 32 Consumers: DAVID M BARSHAY
  • Representing 29 Consumers: MOHAMMED OMAR BADWAN
  • Representing 26 Consumers: JOHN D BLYTHIN
  • Representing 26 Consumers: DAVID H KRIEGER
  • Representing 22 Consumers: ANTRANIG N GARIBIAN

Statistics Year to Date:
6102 total lawsuits for 2018, including:

  • 3962 FDCPA
  • 1947 FCRA
  • 1696 TCPA

Number of Unique Plaintiffs for 2018: 6180 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 288 Consumers: CRAIG B SANDERS
  • Representing 197 Consumers: MOHAMMED OMAR BADWAN
  • Representing 186 Consumers: AHMAD TAYSEER SULAIMAN
  • Representing 183 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 169 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 149 Consumers: JEFFREY N WILENS
  • Representing 138 Consumers: ELLIOT GALE
  • Representing 131 Consumers: THOMAS J CONNICK
  • Representing 107 Consumers: DAVID H KRIEGER
  • Representing 101 Consumers: MICHAEL JACOB WOOD

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BBB Complaint Statistics:

There were a total of 3211 BBB complaints against debt collectors and creditors from May 01, 2018 to May 31, 2018. That is up 31.4% from last month.

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CFPB Complaint Statistics:

There were 4733 complaints filed against debt collectors from May 01, 2018 to May 31, 2018.

Total number of debt collectors complained about: 869

The types of debt behind the complaints were:

  • 1362 Other debt (29%)
  • 1208 Credit card debt (26%)
  • 914 I do not know (19%)
  • 704 Medical debt (15%)
  • 142 Auto debt (3%)
  • 142 Payday loan debt (3%)
  • 104 Mortgage debt (2%)
  • 81 Federal student loan debt (2%)
  • 76 Private student loan debt (2%)

Here is a breakdown of complaints:

  • 2001 Attempts to collect debt not owed (42%)
  • 1328 Written notification about debt (28%)
  • 510 Communication tactics (11%)
  • 419 False statements or representation (9%)
  • 354 Took or threatened to take negative or legal action (7%)
  • 121 Threatened to contact someone or share information improperly (3%)

The top five subissues were:

  • 1100 Debt is not yours (23%)
  • 985 Didnt receive enough information to verify debt (21%)
  • 403 Debt was paid (9%)
  • 402 Debt was result of identity theft (8%)
  • 353 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 595 Complaints: TX
  • 501 Complaints: FL
  • 466 Complaints: CA
  • 279 Complaints: NY
  • 279 Complaints: GA
  • 174 Complaints: IL
  • 149 Complaints: OH
  • 145 Complaints: NJ
  • 143 Complaints:
  • 137 Complaints: PA

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

  • 3657 Closed with explanation (77%)
  • 560 Closed with non-monetary relief (12%)
  • 342 In progress (7%)
  • 149 Untimely response (3%)
  • 25 Closed with monetary relief (1%)

This includes 4498 (95%) timely responses to complaints, and 235 (5%) untimely responses.