WebRecon Stats for Oct 2022: Halloween Treat

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Quick analysis: Halloween Treat: Lawsuits Continue Slide

For the second month is a row, TCPA, FDCPA and FCRA lawsuits were all down from the previous month. While the September drop was steeper, October’s continued slide was nothing to boo at with TCPA down -2.2%, FDCPA down -7.2% and even FCRA down by -9.2%. Unlike September, October’s CFPB complaints rose a bit, +2.8% over the previous month.

YTD looked pretty similar, with FCRA (+4.3%) being the only statute still up over 2021. TCPA (-14.2%) and FDCPA (-30%) are both down quite a bit, and CFPB complaints are also down by -16.7% from 2021.

In other news, putative class actions represented 11.7% of FDCPA, 47% of TCPA and 1.7% of FCRA lawsuits filed last month. About 45% of all plaintiffs who filed suit last month had filed at least once before. And finally, Minnesota attorney Catrina Eom Smith continued her dominance of this list for representing the most consumers in October (30) while Florida attorney Jibrael S Hindi has still represented the most consumers for the year so far (232).

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Oct 01, 2022
Oct 31, 2022
Sep 01, 2022
Sep 30, 2022
Oct 01, 2021
Oct 31, 2021
Jan 01, 2022
Oct 31, 2022
Jan 01, 2021
Oct 31, 2021
CFPB  4705 4578 2.8% 5824 -19.2% 51017 61224 -16.7%
FDCPA  283 305 -7.2% 611 -53.7% 3960 5654 -30.0%
FCRA  422 465 -9.2% 474 -11.0% 4735 4541 4.3%
TCPA  132 135 -2.2% 117 12.8% 1297 1512 -14.2%

 

Complaint Statistics:

4705 consumers filed CFPB complaints, and about 724 consumers filed lawsuits under consumer statutes from Oct 01, 2022 to Oct 31, 2022.

  • 4705 CFPB Complaints
  • 283 FDCPA, 33 Class Action (11.7%)
  • 132 TCPA, 62 Class Action (47.0%)
  • 422 FCRA, 7 Class Action (1.7%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 724 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 324, or (45%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2655 lawsuits since 2001
  • Actions were filed in 140 different US District Court branches.
  • About 546 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 65 Lawsuits: Minnesota District Court – Dmn
  • 38 Lawsuits: Georgia Northern District Court – Atlanta
  • 30 Lawsuits: Illinois Northern District Court – Chicago
  • 29 Lawsuits: Florida Middle District Court – Tampa
  • 26 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 24 Lawsuits: Nevada District Court – Las Vegas
  • 24 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 22 Lawsuits: Florida Middle District Court – Orlando
  • 17 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 17 Lawsuits: Texas Northern District Court – Dallas

The most active consumer attorneys were:

  • Representing 30 Consumers: CATRINA EOM SMITH
  • Representing 15 Consumers: TIMOTHY S ANDERSON
  • Representing 12 Consumers: GEORGE HAINES
  • Representing 12 Consumers: MATTHEW THOMAS BERRY
  • Representing 12 Consumers: GERARDO AVALOS
  • Representing 11 Consumers: THOMAS J LYONS
  • Representing 9 Consumers: JEFFREY SAND
  • Representing 8 Consumers: SIOBHAN MCGREAL
  • Representing 8 Consumers: DAVID H KRIEGER
  • Representing 8 Consumers: JOHN THOMAS STEINKAMP

Statistics Year to Date:
9189 total lawsuits for 2022, including:

  • 3960 FDCPA
  • 4735 FCRA
  • 1297 TCPA

Number of Unique Plaintiffs for 2022: 8109 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 232 Consumers: JIBRAEL JARALLAH SAID HINDI
  • Representing 202 Consumers: MATTHEW THOMAS BERRY
  • Representing 201 Consumers: THOMAS JOHN PATTI
  • Representing 140 Consumers: CRAIG CARLEY MARCHIANDO
  • Representing 131 Consumers: LEONARD ANTHONY BENNETT
  • Representing 126 Consumers: MICHAEL FREDERICK CARDOZA
  • Representing 122 Consumers: CHRISTOPHER NEIL ARMOR
  • Representing 119 Consumers: SYED HASEEB HUSSAIN
  • Representing 118 Consumers: DREW DAVID SARRETT
  • Representing 105 Consumers: NATHAN CHARLES VOLHEIM

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

There were 4705 complaints filed against debt collectors from Oct 01, 2022 to Oct 31, 2022.

Total number of debt collectors complained about: 775

The types of debt behind the complaints were:

  • 1426 Other debt (30%)
  • 1141 Credit card debt (24%)
  • 972 I do not know (21%)
  • 678 Medical debt (14%)
  • 240 Auto debt (5%)
  • 100 Payday loan debt (2%)
  • 90 Mortgage debt (2%)
  • 35 Private student loan debt (1%)
  • 23 Federal student loan debt (0%)

Here is a breakdown of complaints:

  • 2468 Attempts to collect debt not owed (52%)
  • 847 Written notification about debt (18%)
  • 499 Took or threatened to take negative or legal action (11%)
  • 430 False statements or representation (9%)
  • 373 Communication tactics (8%)
  • 88 Threatened to contact someone or share information improperly (2%)

The top five subissues were:

  • 1249 Debt is not yours (27%)
  • 763 Debt was result of identity theft (16%)
  • 533 Didnt receive enough information to verify debt (11%)
  • 382 Debt was paid (8%)
  • 323 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 621 Complaints: FL
  • 523 Complaints: TX
  • 420 Complaints: CA
  • 370 Complaints: GA
  • 196 Complaints: NC
  • 187 Complaints: NY
  • 168 Complaints: MI
  • 167 Complaints: PA
  • 159 Complaints: IL
  • 154 Complaints: NJ

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

  • 3539 Closed with explanation (75%)
  • 699 In progress (15%)
  • 398 Closed with non-monetary relief (8%)
  • 50 Untimely response (1%)
  • 19 Closed with monetary relief (0%)

This includes 4574 (97%) timely responses to complaints, and 131 (3%) untimely responses.