Quick analysis: 3rd Quarter Results, FDCPA Ekes One Out

The 3rd quarter has officially wrapped, and for the most part the years’ trends have solidified. CFPB complaints and FDCPA/TCPA lawsuits are down by significant margins while FCRA lawsuits are up.

Not statistically important… but like a sprout pushing through the crack in a sidewalk, FDCPA litigation in September did manage to eke out a small victory over the August number, beating it by three filings for the month. With FDCPA litigation taking a bit of a beating over the last few years, I thought this was a moment worth sharing.

In other news, putative class actions were typical last month with 17.1% of FDCPA, 33% of TCPA and 3% of FCRA lawsuits filed that way.

About 35% 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 more consumers (35) than anyone else last month. New York attorney Craig B. Sanders is still at the top of the list YTD with 330 consumers represented.

Current Month: Previous Month: Previous
Year:
Year to Date: Year to
Date Comp:
Sep 01, 2019
Sep 30, 2019
Aug 01, 2019
Aug 31, 2019
Sep 01, 2018
Sep 30, 2018
Jan 01, 2019
Sep 30, 2019
Jan 01, 2018
Sep 30, 2018
CFPB  3995 4280 -6.7% 3719 7.4% 35931 40985 -12.3%
FDCPA  637 634 0.5% 639 -0.3% 6365 7022 -9.4%
FCRA  430 413 4.1% 339 26.8% 3727 3477 7.2%
TCPA  221 246 -10.2% 248 -10.9% 2521 2955 -14.7%

 

Complaint Statistics:

3995 consumers filed CFPB complaints, and about 1135 consumers filed lawsuits under consumer statutes from Sep 01, 2019 to Sep 30, 2019.

  • 3995 CFPB Complaints
  • 637 FDCPA, 109 Class Action (17.1%)
  • 221 TCPA, 73 Class Action (33.0%)
  • 430 FCRA, 13 Class Action (3.0%)

Litigation Summary (scroll down for CFPB data):

  • Of those cases, there were about 1135 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 395, or (35%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 2821 lawsuits since 2001
  • Actions were filed in 155 different US District Court branches.
  • About 729 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

  • 59 Lawsuits: Illinois Northern District Court – Chicago
  • 54 Lawsuits: Georgia Northern District Court – Atlanta
  • 48 Lawsuits: Florida Middle District Court – Tampa
  • 38 Lawsuits: California Central District Court – Western Division – Los Angeles
  • 38 Lawsuits: Indiana Southern District Court – Indianapolis
  • 36 Lawsuits: New York Eastern District Court – Brooklyn
  • 35 Lawsuits: Florida Southern District Court – Fort Lauderdale
  • 29 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
  • 25 Lawsuits: California Southern District Court – San Diego
  • 23 Lawsuits: New York Southern District Court – Foley Square

The most active consumer attorneys were:

  • Representing 35 Consumers: SERGEI LEMBERG
  • Representing 29 Consumers: PAUL JONATHAN SIEG
  • Representing 29 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 29 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 25 Consumers: JONATHAN LAWRENCE HILTON
  • Representing 24 Consumers: DAVID SCOTT KLAIN
  • Representing 23 Consumers: CRAIG B SANDERS
  • Representing 23 Consumers: JONATHAN FORREST RABURN
  • Representing 23 Consumers: DENNIS DEAN MCCARTY
  • Representing 22 Consumers: EDWARD Y KROUB

Statistics Year to Date:
10735 total lawsuits for 2019, including:

  • 6365 FDCPA
  • 3727 FCRA
  • 2521 TCPA

Number of Unique Plaintiffs for 2019: 10256 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

  • Representing 330 Consumers: CRAIG B SANDERS
  • Representing 299 Consumers: ANTRANIG N GARIBIAN
  • Representing 266 Consumers: SERGEI LEMBERG
  • Representing 260 Consumers: NATHAN CHARLES VOLHEIM
  • Representing 236 Consumers: TAXIARCHIS HATZIDIMITRIADIS
  • Representing 226 Consumers: JONATHAN FORREST RABURN
  • Representing 191 Consumers: DAVID W HEMMINGER
  • Representing 187 Consumers: DAVID SCOTT KLAIN
  • Representing 186 Consumers: DAVID M BARSHAY
  • Representing 172 Consumers: MITCHELL L PASHKIN

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

There were 3995 complaints filed against debt collectors from Sep 01, 2019 to Sep 30, 2019.

Total number of debt collectors complained about: 762

The types of debt behind the complaints were:

  • 1087 Other debt (27%)
  • 984 Credit card debt (25%)
  • 869 I do not know (22%)
  • 647 Medical debt (16%)
  • 136 Auto debt (3%)
  • 104 Payday loan debt (3%)
  • 70 Federal student loan debt (2%)
  • 64 Mortgage debt (2%)
  • 34 Private student loan debt (1%)

Here is a breakdown of complaints:

  • 1978 Attempts to collect debt not owed (50%)
  • 790 Written notification about debt (20%)
  • 409 Communication tactics (10%)
  • 384 Took or threatened to take negative or legal action (10%)
  • 342 False statements or representation (9%)
  • 92 Threatened to contact someone or share information improperly (2%)

The top five subissues were:

  • 854 Debt is not yours (21%)
  • 668 Debt was result of identity theft (17%)
  • 546 Didnt receive enough information to verify debt (14%)
  • 366 Debt was paid (9%)
  • 276 Attempted to collect wrong amount (7%)

The top states complaints were filed from are:

  • 536 Complaints: TX
  • 422 Complaints: FL
  • 398 Complaints: CA
  • 225 Complaints: GA
  • 224 Complaints: NY
  • 191 Complaints: SC
  • 132 Complaints: PA
  • 118 Complaints: NC
  • 115 Complaints: OH
  • 114 Complaints: NJ

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

  • 3137 Closed with explanation (79%)
  • 394 Closed with non-monetary relief (10%)
  • 364 In progress (9%)
  • 76 Untimely response (2%)
  • 24 Closed with monetary relief (1%)

This includes 3863 (97%) timely responses to complaints, and 132 (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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