Debt Collection Litigation & CFPB Complaint Statistics, Sept 2015

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 August’s 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 TCPA’s 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 again.

TCPA-litigation-2010-2014

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: ∙

Comparisons:

Current Period:

Previous Period:

Previous Year Comp:

Sep 01, 2015
Sep 30, 2015

Aug 01, 2015
Aug 31, 2015

Sep 01, 2014
Sep 30, 2014

CFPB Complaints 

3025

3616

-16.3%

2930

3.2%

FDCPA lawsuits 

870

930

-6.5%

818

6.4%

FCRA lawsuits 

332

305

8.9%

188

76.6%

TCPA lawsuits 

242

256

-5.5%

212

14.2%

YTD CFPB Complaints 

31403

30279

3.7%

YTD FDCPA lawsuits 

8710

7446

17.0%

YTD FCRA lawsuits 

2446

1794

36.3%

YTD TCPA lawsuits 

2086

2016

3.5%

 

Complaint Statistics:

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 approximate breakdown:

Litigation Summary (scroll down for CFPB data):

The top courts where lawsuits were filed:

The most active consumer attorneys were:

Statistics Year to Date:

10995 total lawsuits for 2015, including:

Number of Unique Plaintiffs for 2015: 10363 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

——————————————————————————————————-

CFPB Complaint Statistics:

There were 3025 complaints filed against debt collectors from Sep 01, 2015 to Sep 30, 2015.

Total number of debt collectors complained about: 765

The types of debt behind the complaints were:

Here is a breakdown of complaints:

The top five subissues were:

The top states complaints were filed from are:

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

This includes 2822 (93%) timely responses to complaints, and 203 (7%) untimely responses.

Of the company responses, consumers accepted 0 (%) of them, disputed 294 (10%) of them, and 2731 (90%) were N\A.

The top five days for complaints were:

 

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