The number of lawsuits filed against accounts receivable management firms claiming violations of the Fair Debt Collection Practices Act (FDCPA) increased in the second half of May after a sharp decrease in the first 15 days if the month.
From May 16 to May 31, FDCPA lawsuits filed by consumers increased 21.4 percent from the previous 15-day period, but were down more than 18 percent compared to the same period in 2011.
Even though FDCPA litigation rebounded from last period, the suit totals continue an overall decline from 2011′s record numbers, slipping to 6.4 percent below the level seen at the same time last year.
“It is significant to note that last year in the same period there was a single lawsuit with 100 plaintiffs alleging both FDCPA and TCPA claims,” said WebRecon CEO Jack Gordon. “That one suit’s spike in the 2011 numbers accounts for most of the year-over-year decline.”
“TCPA and FCRA suits are both continuing to show strong growth over last year, even with the above-mentioned 100-plaintiff case skewing last year’s TCPA totals,” added Gordon. “Both statutes are clearly on track to significantly surpass last year’s totals.”
FDCPA and Other Consumer Lawsuit Statistics, May 16-31, 2012
There were about 605 lawsuits filed under consumer statutes in the second half of May 2012. Here is an approximate breakdown:
- 538 FDCPA
- 119 FCRA
- 40 TCPA
- 83 TILA
- Of those cases, there were about 702 unique plaintiffs (including multiple plaintiffs in one suit).
- Of those plaintiffs, about 230, or 33%, had sued under consumer statutes before.
- Combined, those plaintiffs have filed about 1346 lawsuits since 2001
- Actions were filed in 123 different US District Court branches.
- About 720 different collection firms and creditors were sued.
The top courts where lawsuits were filed:
- 41 Lawsuits: California Central District Court – Western Division – Los Angeles
- 39 Lawsuits: Illinois Northern District Court – Chicago
- 36 Lawsuits: New York Eastern District Court – Brooklyn
- 31 Lawsuits: Colorado District Court – Denver
- 24 Lawsuits: California Northern District Court – San Francisco
- 18 Lawsuits: Florida Southern District Court – Fort Lauderdale
- 16 Lawsuits: Minnesota District Court – Dmn
- 16 Lawsuits: Florida Middle District Court – Orlando
- 15 Lawsuits: California Southern District Court – San Diego
- 15 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
The most active consumer attorneys were:
- Representing 53 Consumers: Robin R Horner
- Representing 23 Consumers: Arshak Bartoumian
- Representing 21 Consumers: Craig T Kimmel
- Representing 17 Consumers: G Thomas Martin Iii
- Representing 16 Consumers: David M Larson
- Representing 14 Consumers: Samuel A Ehrenfeld
- Representing 13 Consumers: Gary D Nitzkin
- Representing 13 Consumers: Adam J Fishbein
- Representing 12 Consumers: Donald A Yarbrough
- Representing 12 Consumers: Hashim Rahman
Statistics Year to Date
5291 total lawsuits for 2012, including:
- 4640 FDCPA
- 977 FCRA
- 423 TCPA
- 402 TILA
Number of Unique Plaintiffs: 5423 (including multiple plaintiffs in one suit)
The most active consumer attorneys of the year:
- Representing 139 Consumers: David M Larson
- Representing 136 Consumers: Sergei Lemberg
- Representing 133 Consumers: Craig T Kimmel
- Representing 89 Consumers: David J Philipps
- Representing 82 Consumers: Dennis R Kurz
WebRecon LLC has transformed into the Bureau of Litigant Data, and as a result is now tracking even more useful data, including data on non-filed litigation demand attempts. For more information on our consumer litigant batching, monitoring and searching service, please visit www.webrecon.com or call (616) 682-5327.
- The Debt Collection Compliance Handbook
- “Guaranteeing” Compliance
- The Future of Compliance for the Debt Collection Industry