Free registration is required to access these resources. Login or Register.

Premium compliance products are also available in the insideARM Store

Lawsuits filed by consumers in U.S district court claiming violations of the Fair Debt Collection Practices Act (FDCPA) declined in August on both a monthly and yearly comparison basis. But debt collectors have found themselves increasingly in the crosshairs of suits claiming TCPA violations.

According to data provided by WebRecon LLC, FDCPA suits declined 2.3 percent in August compared to July, and fell 16 percent compared with August 2012. For the full year, FDCPA lawsuits are down 5 percent compared to the first eight months of 2012.

In 2012, FDCPA lawsuits fell nearly seven percent compared to 2011. It marked the first year that FDCPA suits against collectors declined after years of steady growth.

But the Telephone Consumer Protection Act (TCPA) has increasingly become a target for consumers and their attorneys for suits aimed at collection agencies. TCPA suits in August rose 15.4 percent from July and 72 percent compared to August 2012. Year-to-date, TCPA suits are up 65 percent.

FDCPA-suits-August-2013

Summary of August lawsuits:

  • There were about 1,118 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 373, or (33.4%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1,974 lawsuits since 2001
  • Actions were filed in 152 different US District Court branches.
  • About 981 different collection firms and creditors were sued.

Related Products

Telephone Communication Compliance: The CFPB's Consent Orders Thumbnail

Telephone Communication Compliance: The CFPB's Consent Orders

Our Telephone Communication Compliance: The CFPB’s Consent Orders guide is designed to help debt collectors comply with consent orders that hint at telephone communication violations. The report includes easy-to-understand explanations of each consent order and a comprehensive chart of all relevant consent orders, keeping the information you need right at your fingertips! This paper has been excerpted from insideARM's larger "The CFPB's Consent Orders Regulating the ARM Industry" report, available for sale now.

Staying Compliant – and Out of Court – with the TCPA Thumbnail

Staying Compliant – and Out of Court – with the TCPA

This reference guide distills the information presented in our webinar. It comes complete with a link to the full recording of the webinar – great for use for all-staff trainings and quarterly in-services -- as well as the slide deck and full transcript of the webinar. This guide doesn’t just walk through what agencies should and should not be doing, going forward -- it contains the full Q&A from the webinar, too. (This product is approved for DBA International Certification Credit.)

The CFPB's Consent Orders Regulating the ARM Industry Thumbnail

The CFPB's Consent Orders Regulating the ARM Industry

Our guide on The CFPB’s Consent Orders Regulating the ARM Industry is the first report of its kind designed to help debt collectors comply with consent orders. The report includes easy-to-understand explanations of each consent order and a comprehensive chart of all relevant consent orders, keeping the information you need right at your fingertips! This report will be updated quarterly.

UPDATED! CFPB’s Advice to the Consumer (through March 2016) Thumbnail

UPDATED! CFPB’s Advice to the Consumer (through March 2016)

The Consumer Financial Protection Bureau hosts more than 80 of the most common consumer questions about debt collection on its Ask CFPB website. And since the Bureau was created for the sole purpose of representing and protecting consumers, debt collectors need to know how the CFPB communicates with them. That’s why insideARM compiled the answers to all 88 questions in one user-friendly report. Using the CFPB’s guidance as a model for your own compliance priorities, policies and procedures means your company will be able to keep up with the Bureau before it feels the need to examine your agency. ALL ANSWERS UPDATED THROUGH MARCH 2016.

Advertisement