Quick analysis: Up for the month… mostly down for the year.

As the year is getting ready to draw to a close, the trends that have been apparent from early on seem to be cementing in. Lawsuits have been up and down a lot this year, but the overall YTD trend has been pretty clear that FDCPA will drop a bit (-6.1%), FCRA will increase a bit (+3.7%), and TCPA – shockingly – will be down for the second year in a row, possibly by double digits (it is down -12.1% so far for the year.)

BBB and BCFP numbers are both up YTD by pretty significant margins (+8.6% and +9.3%, respectively.) Ignore the BBB monthly drop as not all of the data is in yet.

In other news, putative class actions were higher than normal last month with 22.3% of FDCPA, 32.4% of TCPA and 11.3% of FCRA lawsuits filed that way.

About 32% of all plaintiffs who filed suit last month had filed at least once before.

And finally, Chicago attorney Nathan Volheim represented more consumers than anyone else in October (33) while New York attorney Craig Sanders has represented more consumers than any other attorney all year (441), retaining the title of most active consumer attorney of the year. Incidentally. Mr. Volheim is second on that list, having represented 352 consumer YTD.

Current Month: Previous Month: Previous
Year to Date: Year to
Date Comp:
Oct 01, 2018
Oct 31, 2018
Sep 01, 2018
Sep 30, 2018
Oct 01, 2017
Oct 31, 2017
Jan 01, 2018
Oct 31, 2018
Jan 01, 2017
Oct 31, 2017
BBB  3179 5406 -41.2% 4993 -36.3% 50269 46284 8.6%
BCFP  4082 3712 10.0% 4075 0.2% 45051 41203 9.3%
FDCPA  737 638 15.5% 744 -0.9% 7755 8259 -6.1%
FCRA  354 339 4.4% 368 -3.8% 3830 3695 3.7%
TCPA  340 248 37.1% 295 15.3% 3294 3749 -12.1%


Complaint Statistics:

3179 consumers filed BBB complaints, 4082 consumers filed BCFP complaints, and about 1256 consumers filed lawsuits under consumer statutes from Oct 01, 2018 to Oct 31, 2018.

  • 3179 BBB Complaints
  • 4082 BCFP Complaints
  • 737 FDCPA, 164 Class Action (22.3%)
  • 340 TCPA, 110 Class Action (32.4%)
  • 354 FCRA, 40 Class Action (11.3%)

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

  • Of those cases, there were about 1256 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 398, or (32%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2178 lawsuits since 2001
  • Actions were filed in 175 different US District Court branches.
  • About 795 different collection firms and creditors were sued.

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The top courts where lawsuits were filed:

  • 60 Lawsuits: Illinois Northern District Court – Chicago
  • 44 Lawsuits: Florida Middle District Court – Tampa
  • 42 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 42 Lawsuits: New York Eastern District Court – Brooklyn
  • 38 Lawsuits: Georgia Northern District Court – Atlanta
  • 34 Lawsuits: Nevada District Court – Las Vegas
  • 31 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 31 Lawsuits: Florida Southern District Court – West Palm Beach
  • 29 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 27 Lawsuits: New Jersey District Court – Newark

The most active consumer attorneys were:

  • Representing 33 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 31 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 28 Consumers: DAVID J PHILIPPS
  • Representing 26 Consumers: ANTRANIG N GARIBIAN
  • Representing 25 Consumers: DAVID W HEMMINGER
  • Representing 22 Consumers: MARY E PHILIPPS
  • Representing 22 Consumers: SERGEI LEMBERG
  • Representing 22 Consumers: DAVID H KRIEGER
  • Representing 21 Consumers: KRISTI CAHOON KELLY
  • Representing 21 Consumers: ANGIE K ROBERTSON

Statistics Year to Date:
12215 total lawsuits for 2018, including:

  • 7755 FDCPA
  • 3830 FCRA
  • 3294 TCPA

Number of Unique Plaintiffs for 2018: 11840 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 441 Consumers: CRAIG B SANDERS
  • Representing 352 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 326 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 274 Consumers: MOHAMMED OMAR BADWAN
  • Representing 248 Consumers: DAVID H KRIEGER
  • Representing 212 Consumers: ELLIOT GALE
  • Representing 190 Consumers: TODD M FRIEDMAN
  • Representing 189 Consumers: AHMAD TAYSEER SULAIMAN
  • Representing 175 Consumers: ANTRANIG N GARIBIAN
  • Representing 172 Consumers: MARK A ELDRIDGE

BBB Complaint Statistics:

There were a total of 3179 BBB complaints from Oct 01, 2018 to Oct 31, 2018. That is down -41.2% from last month.

The types of companies being complained about were:

  • 1836 collections-agencies (58%)
  • 1133 banks (36%)
  • 210 credit+reporting (7%)

The categories of complaints filed were:

  • 2012 Billing/Collection Issues (63%)
  • 1061 Problems with Product/Service (33%)
  • 64 Advertising/Sales Issues (2%)
  • 32 Delivery Issues (1%)
  • 10 Guarantee/Warranty Issues (0%)

The dispositions of these complaints are:

  • 2269 The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction. (71%)
  • 711 The complainant verified the issue was resolved to their satisfaction. (22%)
  • 146 The business failed to respond to the dispute. (5%)
  • 27 The business responded to the dispute but failed to make a good faith effort to resolve it. (1%)
  • 26 BBB is unable to locate the business. (1%)

BCFP Complaint Statistics:

There were 4082 complaints filed against debt collectors from Oct 01, 2018 to Oct 31, 2018.

Total number of debt collectors complained about: 850

The types of debt behind the complaints were:

  • 1221 Other debt (30%)
  • 907 Credit card debt (22%)
  • 848 I do not know (21%)
  • 595 Medical debt (15%)
  • 159 Auto debt (4%)
  • 131 Payday loan debt (3%)
  • 104 Mortgage debt (3%)
  • 75 Federal student loan debt (2%)
  • 42 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 1850 Attempts to collect debt not owed (45%)
  • 821 Written notification about debt (20%)
  • 526 Communication tactics (13%)
  • 392 Took or threatened to take negative or legal action (10%)
  • 377 False statements or representation (9%)
  • 116 Threatened to contact someone or share information improperly (3%)

The top five subissues were:

  • 1002 Debt is not yours (25%)
  • 582 Didnt receive enough information to verify debt (14%)
  • 400 Debt was paid (10%)
  • 360 Debt was result of identity theft (9%)
  • 306 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 490 Complaints: TX
  • 442 Complaints: CA
  • 407 Complaints: FL
  • 217 Complaints: GA
  • 203 Complaints: NY
  • 197 Complaints: IL
  • 136 Complaints: OH
  • 135 Complaints: NJ
  • 127 Complaints: AZ
  • 121 Complaints: PA

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

  • 3179 Closed with explanation (78%)
  • 488 Closed with non-monetary relief (12%)
  • 257 In progress (6%)
  • 136 Untimely response (3%)
  • 22 Closed with monetary relief (1%)

This includes 3893 (95%) timely responses to complaints, and 189 (5%) 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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