Quick analysis: September
was a mixed bag in consumer litigation and complaints.
On the one hand, FDCPA and TCPA lawsuits
were down a bit from their numbers in August, 6.5% and 5.5% respectively. On
the other hand, FCRA litigation was up quite a bit, 8.9% over its number in
September. Overall, litigation rose in September (1272 consumers filed suit
last month over Augusts 1222 consumers).
Even with FDCPA and TCPA down in the
monthly horse race, everything is still tracking up for the year, with FDCPA
and FCRA still very strong ahead of 2014 (17% and 36.3% respectively), and TCPA
finally (finally!) starting to widen its YTD lead over last year with a
still-anemic 3.5% increase.
Keep in mind, the TCPA bar chart has
been the most dramatic over the last several years (see below graphic). It has
all but flatlined so far this year, all the more
remarkable because of case law and regulatory declarations that one would have
expected to delight the consumer bar. There have been predictions of TCPAs
resurgence later this year at this point it is looking like it we will run out
of year before any significant movement happens in TCPA litigation growth
CFPB complaints against debt collectors
also are looking down, a whopping 16.3% in September. That brings it to one of
its lowest numbers in recent memory, just barely cracking 3000 complaints
(3025, for the record). Expect this number to go up by 5-10% in the coming
weeks as new complaints trickle into the public record, but even so that makes
for the lowest month this year unless a large batch pops up unexpectedly.
Fun Facts: ∙
For September 2015, about 32% of
all consumer litigation plaintiffs had sued at least once before under
consumer litigation statutes.
About 822 different companies were
sued, and 765 different debt collectors were complained about to the CFPB.
Class actions were mixed, with a
big 16.2% for FDCPA, a huge 28.1% for TCPA and a low 8.7% for FCRA.
The Illinois Northern District
Court in Chicago had the most litigation filed in it, with 71 consumers
represented in litigation there. California had the most CFPB complaints
against debt collectors, with 415.
Attorney Craig B. Sanders
represented the most consumers for the month with 57, and he also has
represented the most year to date, with 250(!)
01, 2015 Sep 30, 2015
01, 2015 Aug 31, 2015
01, 2014 Sep 30, 2014
3025 consumers filed CFPB complaints
against debt collectors and about 1272 consumers filed lawsuits under consumer
statutes from Sep 01, 2015 to Sep 30, 2015. Here is an
3025 CFPB Complaints
870 FDCPA, 141 Class Action (16.2%)
242 TCPA, 68 Class Action (28.1%)
332 FCRA, 29 Class Action (8.7%)
Litigation Summary (scroll down
for CFPB data):
Of those cases, there were about
1272 unique plaintiffs (including multiple plaintiffs in one suit).
Of those plaintiffs, about 409, or
(32%), had sued under consumer statutes before.
Combined, those plaintiffs have
filed about 1533 lawsuits since 2001
Actions were filed in 159 different
US District Court branches.
About 822 different collection
firms and creditors were sued.
The top courts where lawsuits
71 Lawsuits: Illinois Northern
District Court Chicago
54 Lawsuits: Pennsylvania Eastern
District Court Philadelphia
51 Lawsuits: California Central
District Court Los Angeles
50 Lawsuits: Florida Middle
District Court Tampa
49 Lawsuits: New York Eastern
District Court Brooklyn
48 Lawsuits: New York Eastern
District Court Central Islip
42 Lawsuits: New Jersey District
35 Lawsuits: California Southern
District Court San Diego
30 Lawsuits: California Northern
District Court San Jose
29 Lawsuits: Minnesota District
The most active consumer
Representing 57 Consumers: CRAIG B
Representing 47 Consumers: DAVID M
Representing 46 Consumers: JEFFREY
Representing 36 Consumers: PABLO
Representing 36 Consumers: ROLAND K
Representing 27 Consumers: DAVID M
Representing 24 Consumers: DANIEL A
Representing 23 Consumers: JAMES O
Representing 22 Consumers: MOHAMMED
Representing 22 Consumers: AHMAD
Statistics Year to Date:
10995 total lawsuits for 2015,
Number of Unique Plaintiffs for
10363 (including multiple plaintiffs in one suit)