Civil lawsuits brought by consumers against debt collectors, debt purchasers and other credit reporting agencies increased 52.5 percent in Fiscal Year 2009, according to data released Tuesday by the Administrative Office of the U.S. Courts.
The court statistics show that in the year ended Sept. 30, 2009, 6,463 civil cases filed in U.S. District courts were for redress under consumer credit statutes -- specifically, the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). In FY 2008, there were 4,239 such cases; in FY 2005, there were only 1,192.
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The accounts receivable management industry has been well aware of the rising threat posed by litigious consumers and their legal representation. In fact, an industry has developed to help ARM companies track such cases (“FDCPA Cases Brought By Consumers Creates New Market Aimed at Collectors,” June 22, 2009).
Overall, the U.S. Courts noted that cases of all kinds increased in FY 2009. In the district courts alone, civil cases were up 3 percent from FY 2008 while criminal cases rose 8 percent.
In fiscal year 2009, a total of 1,402,816 bankruptcy petitions were filed in the U.S. courts, an increase of 35 percent from 2008 and the largest number of bankruptcy filings in any fiscal year since 2005.
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Comments
Comment from Anonymous on March 17, 2010 at 10:43AM EST
Let's continue to side with the debtors on antiquated laws so that more people will be allowed to skate their obligations. I would like to know how many of these cases are based on things such as cell phone calls, ansswering machine messages, etc. Things that need dramatic chnages. Obviously, the cases that arise from abusive practices are warranted. If government continues to make it easy for the debtor, our economy will continue to go south. Isn't this common sense?
Comment from JN on March 17, 2010 at 1:21PM EST
Of course Civil Suits are up! This is the bi-product of the overhaul of the bankruptcy code. They can't run to the bankruptcy courts so easily anymore so their recourse is to file frivilous lawsuits. Who cares about how many civil suits were filed. How many of them were legitimate??? Of course we don't get that information. All anyone wants to focus on is the raw numbers of bogus lawsuits.
Comment from Doug Wilwerding on March 17, 2010 at 1:49PM EST
The above comment is likely correct. Additionally, the number of cases and complaints has always been misleading. The context of complaints and cases must be the number of attempts to contact a debtor and the number of actual debtor contacts. In a down economy with spiking unemployment the absolute collection attempts made are likely significantly higher. Hence, while the absolute number of complaints and cases filed may be up in raw numbers, what is happening to the percentage of attempts resulting in complaints are cases. Historically the industry was trending toward having higher and higher self regulation and improving the quality of attempts and the resultant complaints. Further the reporting agencies make little or no effort to distinguish a legitimate complaint. All of this data needs to be looked at with great skepticism.
Comment from Anonymous on March 17, 2010 at 10:10PM EST
And how on earth might one ever quantify/qualify legitimate/bogus??? Please do share how that might be accomplished en masse!
Comment from Anonymous on March 18, 2010 at 4:11AM EST
The article fails to mention that several attorney practices have recently sprouted in which many greedy attorneys literally file hundreds of FDCPA actions every MONTH. They are akin to the ambulance chasing personal injury attorneys that are just out to make a fast buck, notwithstanding the weak (or often fabricated) merits of the cases. Likewise with Attorney General complaints. The vast majority of the so-called complaints are without basis.
Comment from Mr KLC on March 18, 2010 at 6:10AM EST
I find this article needing to be used as a tool to teach our representatives what to look out for. As the economy continues to be rough, and debtors become more internet savvy, the number of lawsuits are going to continue to increase. Debtors are going to look for the "easy way out" and unfortunately, collectors are going to be caught in the crossfire.
Comment from TX Debt Atty on March 18, 2010 at 10:11AM EST
LOL . . . greedy attorneys, eh? I think they're probably just trying to make a living, just like the greedy creditors, the greedy collectors, and greedy consumers.
Comment from Jim on March 18, 2010 at 12:27PM EST
I'd have to agree that, it is a fact, the average attorney is controlled by situations of greed. When you have to manipulate or falsify your argument in order to win judgment - you're controlled by greed. As it is the case in finding an honest and integrity filled person to manage your money, it is as difficult of a task in finding an attorney. They are just a few of the industry's that are becoming extinct; whether you want to embrace that simple truth is quite another issue.
Comment from TCB on March 18, 2010 at 9:38PM EST
Hey, debt buyers, if you don't like the laws, get Congress to change them. In the meantime, follow the rules and hire people who will. It might help to have Americans make the calls, too, instead of those Indians who can't pronounce English words or American names.
Comment from Daniel Smith on March 18, 2010 at 2:07AM EST
You guys who are worried and against these lawsuits are probably the dirtballs who break the law. When my company collects debts, we follow the law. Furthermore, credit bureaus, etc., are the most dishonest crooks of all. There is NO MONEY IN GOOD CREDIT!!! You know, I know it & most of all, the credit bureaus know it. A person can pay their bills for 20 + years and pay (1) $10 credit card late due to oversight and their credit score will plummit as if they are not worthy of credit. Their needs to be legislation MAKING the cr. bur.'s give detailed breakdown of how they arrive at scores, since that stupid little score is ur financial heartbeat. I hope more people sue until people in our industry are put out of business who are greedy and break the rules in pursuit of quenching that greedy pant. Get over it - you are part of the problem, most likely, if u disagree. D.S.