Quick analysis: November was a mixed bag…

On the one hand, FDCPA and FCRA litigation were both down from October, -5.2% and -8% respectively. And FDCPA litigation was also down 5.9% over the month of October 2018 *and* down -9% YTD. TCPA was down -6.3% over the month of Oct 2018 and down -15.3% YTD. All good news for businesses in the crosshairs.

On the other hand, TCPA litigation was up 8.5% over October, defying the years-long trend of slow downward movement. And FCRA was up 5.5% over the month of Oct 2018 and still up 8.4% YTD.

Next month, we’ll have our 2019 year in review stats newsletter!

In other news, putative class actions were typical last month with 19.9% of FDCPA, 19.9% of TCPA and 5.7% of FCRA lawsuits filed that way.

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

And finally, Connecticut attorney Sergei Lemberg reclaimed the top spot for consumer attorneys, representing way more consumers (96) than anyone else last month. New York attorney Craig B. Sanders is at the top of the list YTD with 417 consumers represented in 2019 so far.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Nov 01, 2019
Nov 30, 2019
Oct 01, 2019
Oct 31, 2019
Nov 01, 2018
Nov 30, 2018
Jan 01, 2019
Nov 30, 2019
Jan 01, 2018
Nov 30, 2018
CFPB  3511 4059 -13.5% 3380 3.9% 43526 48486 -10.2%
FDCPA  639 674 -5.2% 679 -5.9% 7678 8439 -9.0%
FCRA  401 436 -8.0% 380 5.5% 4564 4211 8.4%
TCPA  267 246 8.5% 285 -6.3% 3034 3581 -15.3%

 

Complaint Statistics:

3511 consumers filed CFPB complaints, and about 1205 consumers filed lawsuits under consumer statutes from Nov 01, 2019 to Nov 30, 2019.

  • 3511 CFPB Complaints
  • 639 FDCPA, 127 Class Action (19.9%)
  • 267 TCPA, 53 Class Action (19.9%)
  • 401 FCRA, 23 Class Action (5.7%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1205 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 371, or (31%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1828 lawsuits since 2001
  • Actions were filed in 147 different US District Court branches.
  • About 718 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 75 Lawsuits: Illinois Northern District Court – Chicago
  • 59 Lawsuits: New York Eastern District Court – Brooklyn
  • 51 Lawsuits: Georgia Northern District Court – Atlanta
  • 38 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 31 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 30 Lawsuits: Florida Middle District Court – Tampa
  • 27 Lawsuits: New York Eastern District Court – Central Islip
  • 27 Lawsuits: Nevada District Court – Las Vegas
  • 27 Lawsuits: New Jersey District Court – Newark
  • 26 Lawsuits: Texas Eastern District Court – Sherman

The most active consumer attorneys were:

  • Representing 96 Consumers: SERGEI LEMBERG
  • Representing 38 Consumers: CRAIG B SANDERS
  • Representing 36 Consumers: EDWARD Y KROUB
  • Representing 34 Consumers: DAVID M BARSHAY
  • Representing 30 Consumers: THOMAS JOHN PATTI
  • Representing 29 Consumers: MATTHEW THOMAS BERRY
  • Representing 27 Consumers: JIBRAEL JARALLAH SAID HINDI
  • Representing 23 Consumers: DAVID SCOTT KLAIN
  • Representing 22 Consumers: PAUL AARON HERMAN
  • Representing 22 Consumers: JOEL ADRIAN BROWN

Statistics Year to Date:
13035 total lawsuits for 2019, including:

  • 7678 FDCPA
  • 4564 FCRA
  • 3034 TCPA

Number of Unique Plaintiffs for 2019: 12387 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 417 Consumers: CRAIG B SANDERS
  • Representing 382 Consumers: SERGEI LEMBERG
  • Representing 331 Consumers: ANTRANIG N GARIBIAN
  • Representing 301 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 272 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 254 Consumers: DAVID M BARSHAY
  • Representing 250 Consumers: JONATHAN FORREST RABURN
  • Representing 241 Consumers: DAVID SCOTT KLAIN
  • Representing 223 Consumers: DAVID W HEMMINGER
  • Representing 207 Consumers: MATTHEW THOMAS BERRY

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

There were 3511 complaints filed against debt collectors from Nov 01, 2019 to Nov 30, 2019.

Total number of debt collectors complained about: 764

The types of debt behind the complaints were:

  • 885 Other debt (25%)
  • 822 Credit card debt (23%)
  • 798 I do not know (23%)
  • 589 Medical debt (17%)
  • 131 Auto debt (4%)
  • 97 Payday loan debt (3%)
  • 76 Federal student loan debt (2%)
  • 73 Mortgage debt (2%)
  • 40 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 1876 Attempts to collect debt not owed (53%)
  • 671 Written notification about debt (19%)
  • 322 Communication tactics (9%)
  • 294 Took or threatened to take negative or legal action (8%)
  • 259 False statements or representation (7%)
  • 89 Threatened to contact someone or share information improperly (3%)

The top five subissues were:

  • 864 Debt is not yours (25%)
  • 624 Debt was result of identity theft (18%)
  • 447 Didnt receive enough information to verify debt (13%)
  • 330 Debt was paid (9%)
  • 207 Attempted to collect wrong amount (6%)

The top states complaints were filed from are:

  • 388 Complaints: FL
  • 365 Complaints: TX
  • 359 Complaints: CA
  • 302 Complaints: GA
  • 202 Complaints: NY
  • 149 Complaints: SC
  • 110 Complaints: NC
  • 99 Complaints: IL
  • 96 Complaints: PA
  • 92 Complaints: NJ

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

  • 2774 Closed with explanation (79%)
  • 325 In progress (9%)
  • 285 Closed with non-monetary relief (8%)
  • 108 Untimely response (3%)
  • 19 Closed with monetary relief (1%)

This includes 3359 (96%) timely responses to complaints, and 152 (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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