FDCPA and Other Consumer Rights Lawsuit Statistics, January 16-31, 2010

[Jen23514]

Monthly recap: For the month of January, FDCPA cases are up, FCRA cases are down over January 2009.

 

* 716 FDCPA (Fair Debt Collection Practices Act), vs. 551 in January 2009

* 77 FCRA (Fair Credit Reporting Act), vs. 109 in January 2009

* 5 TCPA (Telephone Consumer Protection Act), vs. 1 in January 2009

* 39 TILA (Truth in Lending Act)

 

FDCPA and Other Consumer Rights Lawsuit Statistics, January 16-31, 2010

 

There were about 465 lawsuits filed under consumer statutes in the second half of January. Here is an approximate breakdown:

 

* 403 Fair Debt Collection Practices Act

* 43 Fair Credit Reporting Act

* 1 Telephone Consumer Protection Act

* 15 Truth In Lending Act

* 1 Equal Credit Opportunity Act

* 1 Electronic Fund Transfers Act

* 1 Fair Credit Billing Act

* 1 Home Ownership And Equity Protection Act

* 3 State of California Consumer Statutes

* 1 State of Florida Consumer Statutes

* 1 State of Indiana Consumer Statutes

* 2 State of Maryland Consumer Statutes

* 1 State of Massachusetts Consumer Statutes

* 1 State of Michigan Consumer Statutes

* 2 State of West Virginia Consumer Statutes

* 7 Real Estate Settlement Procedures Act

* 1 Racketeer Influenced and Corrupt Organizations Act

 

Summary:

 

* Of those cases, there were about 484 unique plaintiffs (including multiple plaintiffs in one suit).

* Of those plaintiffs, about 141 had sued under consumer statutes before.

* Combined, those 141 plaintiffs have filed about 801 lawsuits since 2001

* Actions were filed in 104 different US District Court branches.

* About 303 different collection firms and creditors were sued.

 

The top courts where lawsuits were filed:

 

* 30 Lawsuits: Illinois Northern District Court – Chicago

* 24 Lawsuits: Minnesota District Court – DMN

* 24 Lawsuits: Colorado District Court – Denver

* 18 Lawsuits: New York Western District Court – Buffalo

* 18 Lawsuits: California Central District Court – Western Division – Los Angeles

* 17 Lawsuits: Pennsylvania Middle District Court – Scranton

* 17 Lawsuits: Michigan Eastern District Court – Detroit

* 16 Lawsuits: Arizona District Court – Phoenix

* 16 Lawsuits: Georgia Northern District Court – Atlanta

* 16 Lawsuits: Pennsylvania Eastern District Court – Philadelphia

 

The most active consumer attorneys were:

 

* Representing 20 Consumers: Matthew William Kiverts

* Representing 19 Consumers: Brent F. Vullings

* Representing 17 Consumers: Kenneth R. Hiller

* Representing 17 Consumers: Nicholas J. Bontrager

* Representing 14 Consumers: Todd Michael Friedman

* Representing 12 Consumers: Adam Theodore Hill

* Representing 12 Consumers: Kenneth W. Pennington

* Representing 12 Consumers: Ryan Scott Lee

* Representing 11 Consumers: Phillip C. Rogers

* Representing 11 Consumers: David Michael Larson

 

Statistics Year to Date:

 

851 total lawsuits for 2010, including:

 

* 716 FDCPA

* 77 FCRA

* 5 TCPA

* 39 TILA (Truth in Lending Act)

 

Number of unique Plaintiffs: 881 (including multiple plaintiffs in one suit)

 

The most active consumer attorneys of the year:

 

* Representing 36 Consumers: Ryan Scott Lee

* Representing 34 Consumers: Brent F. Vullings

* Representing 32 Consumers: Matthew William Kiverts

* Representing 27 Consumers: Adam Theodore Hill

* Representing 26 Consumers: Todd Michael Friedman

 

About WebRecon LLC: Creditors and collection firms use WebRecon’s services to easily segregate predictably litigious consumers from their databases. A significant percentage of consumer litigation is initiated by the same consumers over and over again, and screening them out of the general population can reduce lawsuits by as much as a third. http://webrecon.com/news/?p=140

[fdj]

* 5 TCPA (Telephone Consumer Protection Act), vs. 1 in January 2009

 

I cannot believe that out of the 716 FDCPA cases filed there wasn't a larger number of those that had TCPA violations as well.

 

The FDCPA's $1,000 cap for the habitual violators is pathetic and until congress agrees, I'm convinced the TCPA is a very strong and costly tool with which to start leveraging real corrective action.

[NeverQuietHere]

* 5 TCPA (Telephone Consumer Protection Act), vs. 1 in January 2009

 

I cannot believe that out of the 716 FDCPA cases filed there wasn't a larger number of those that had TCPA violations as well.

 

The FDCPA's $1,000 cap for the habitual violators is pathetic and until congress agrees, I'm convinced the TCPA is a very strong and costly tool with which to start leveraging real corrective action.

 

I don't think enough people know about that. I don't know ENOUGH about it...tbh. I am just starting to study more on it. I think most people go straight for the FDCPA stuff and take it one step at a time, kwim?

 

I agree with everything you said, though.

 

I love reading the stats, Jen. Thanks.

[fdj]

* 5 TCPA (Telephone Consumer Protection Act), vs. 1 in January 2009

 

I cannot believe that out of the 716 FDCPA cases filed there wasn't a larger number of those that had TCPA violations as well.

 

The FDCPA's $1,000 cap for the habitual violators is pathetic and until congress agrees, I'm convinced the TCPA is a very strong and costly tool with which to start leveraging real corrective action.

 

I don't think enough people know about that. I don't know ENOUGH about it...tbh. I am just starting to study more on it. I think most people go straight for the FDCPA stuff and take it one step at a time, kwim?

 

I agree with everything you said, though.

 

I love reading the stats, Jen. Thanks.

But the majority of "people" are lawyers (any stats on pro se vs. lawyer filings, Jen?). Even if they aren't well versed in it, they should certainly be aware of it.

[NeverQuietHere]

I agree, fdj. I just don't think there are quite enough FDCPA/FCRA lawyers out there.

 

In my city, there are 4. I live in a BIG city. Actually, my lawyer did BK and he has just recently (in the last 3 yrs) started looking into the FDCPA etc and stuff. He has flat out said, if he knew then what he knew now, all of the people that would come to him, complaining of phone calls, etc, he would have advised them differently instead of just saying, "Oh, when you file BK, the calls will stop". So he "knew" of the FDCPA before, but ....

[fdj]

I agree, fdj. I just don't think there are quite enough FDCPA/FCRA lawyers out there.

 

In my city, there are 4. I live in a BIG city. Actually, my lawyer did BK and he has just recently (in the last 3 yrs) started looking into the FDCPA etc and stuff. He has flat out said, if he knew then what he knew now, all of the people that would come to him, complaining of phone calls, etc, he would have advised them differently instead of just saying, "Oh, when you file BK, the calls will stop". So he "knew" of the FDCPA before, but ....

Yeah, I see what your driving at. It just seems like a disproportionate number is all.