Quick analysis: Lots of good news for debt collectors in November’s litigation numbers…

FDCPA and FCRA are way down for the month of November (-19%, -24.9% respectively), while TCPA is up 5.6% over last month. Year to date, it is FDCPA and TCPA that are down (-17.1%, -1.7% respectively) while FCRA is the only one that is up, by 4.2%

CFPB complaints are also down quite a bit, -7.9% for the month, but still up a whopping 14.2% for the year.

In other news, putative class actions represented 16.3% of FDCPA, 51.9% of TCPA and 5.2% of FCRA lawsuits filed last month.

About 37% of all plaintiffs who filed suit last month had filed at least once before.

And finally, Pennsylvania attorney Joshua P. Ward represented 18 consumers in November, more than any other consumer attorney. New York’s Craig B. Sanders still has filed the most for the year with 291 consumers represented. That YTD stat excludes attorney 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:
Nov 01, 2020
Nov 30, 2020
Oct 01, 2020
Oct 31, 2020
Nov 01, 2019
Nov 30, 2019
Jan 01, 2020
Nov 30, 2020
Jan 01, 2019
Nov 30, 2019
CFPB  4570 4960 -7.9% 3523 29.7% 49179 43073 14.2%
FDCPA  443 547 -19.0% 641 -30.9% 6383 7698 -17.1%
FCRA  383 510 -24.9% 402 -4.7% 4776 4583 4.2%
TCPA  187 177 5.6% 285 -34.4% 3108 3163 -1.7%

 

Complaint Statistics:

4570 consumers filed CFPB complaints, and about 925 consumers filed lawsuits under consumer statutes from Nov 01, 2020 to Nov 30, 2020.

  • 4570 CFPB Complaints
  • 443 FDCPA, 72 Class Action (16.3%)
  • 187 TCPA, 97 Class Action (51.9%)
  • 383 FCRA, 20 Class Action (5.2%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 925 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 346, or (37%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2142 lawsuits since 2001
  • Actions were filed in 149 different US District Court branches.
  • About 595 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 52 Lawsuits: Illinois Northern District Court – Chicago
  • 52 Lawsuits: Florida Middle District Court – Tampa
  • 30 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 27 Lawsuits: Nevada District Court – Las Vegas
  • 26 Lawsuits: California Southern District Court – San Diego
  • 26 Lawsuits: New York Eastern District Court – Brooklyn
  • 26 Lawsuits: Georgia Northern District Court – Atlanta
  • 26 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 25 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 22 Lawsuits: New Jersey District Court – Newark

The most active consumer attorneys were:

  • Representing 18 Consumers: JOSHUA P WARD
  • Representing 16 Consumers: MOHAMMED OMAR BADWAN
  • Representing 16 Consumers: YOSEF STEINMETZ
  • Representing 15 Consumers: DAVID J PHILIPPS
  • Representing 15 Consumers: ALEJANDRO EMMANUEL FIGUEROA
  • Representing 14 Consumers: DAVID W HEMMINGER
  • Representing 13 Consumers: TODD M FRIEDMAN
  • Representing 12 Consumers: MATTHEW THOMAS BERRY
  • Representing 12 Consumers: VICTOR THOMAS METROFF
  • Representing 12 Consumers: ALEXANDER J TAYLOR

Statistics Year to Date:
11920 total lawsuits for 2020, including:

  • 6383 FDCPA
  • 4776 FCRA
  • 3108 TCPA

Number of Unique Plaintiffs for 2020: 11677 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 361 Consumers: REBECCA EVANS
  • Representing 291 Consumers: CRAIG B SANDERS
  • Representing 269 Consumers: TODD M FRIEDMAN
  • Representing 238 Consumers: NICOLE ROCHELLE LEWIS
  • Representing 221 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 211 Consumers: ADRIAN ROBERT BACON
  • Representing 200 Consumers: MATTHEW THOMAS BERRY
  • Representing 194 Consumers: EDWARD Y KROUB
  • Representing 159 Consumers: DAVID W HEMMINGER
  • Representing 156 Consumers: DAVID J PHILIPPS

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

There were 4570 complaints filed against debt collectors from Nov 01, 2020 to Nov 30, 2020.

Total number of debt collectors complained about: 742

The types of debt behind the complaints were:

  • 1176 Other debt (26%)
  • 1153 I do not know (25%)
  • 1132 Credit card debt (25%)
  • 659 Medical debt (14%)
  • 187 Auto debt (4%)
  • 88 Payday loan debt (2%)
  • 84 Mortgage debt (2%)
  • 55 Private student loan debt (1%)
  • 36 Federal student loan debt (1%)

Here is a breakdown of complaints:

  • 2159 Attempts to collect debt not owed (47%)
  • 1482 Written notification about debt (32%)
  • 313 False statements or representation (7%)
  • 313 Took or threatened to take negative or legal action (7%)
  • 241 Communication tactics (5%)
  • 62 Threatened to contact someone or share information improperly (1%)

The top five subissues were:

  • 1208 Didnt receive enough information to verify debt (26%)
  • 1133 Debt is not yours (25%)
  • 652 Debt was result of identity theft (14%)
  • 329 Debt was paid (7%)
  • 273 Attempted to collect wrong amount (6%)

The top states complaints were filed from are:

  • 557 Complaints: TX
  • 472 Complaints: FL
  • 410 Complaints: CA
  • 408 Complaints: NY
  • 340 Complaints: GA
  • 308 Complaints: NJ
  • 155 Complaints: PA
  • 154 Complaints: MA
  • 123 Complaints: IL
  • 109 Complaints: NC

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

  • 3691 Closed with explanation (81%)
  • 423 In progress (9%)
  • 370 Closed with non-monetary relief (8%)
  • 75 Untimely response (2%)
  • 11 Closed with monetary relief (0%)

This includes 4450 (97%) timely responses to complaints, and 120 (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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