CollectionTechnology.net

Jack Gordon

FDCPA and Other Consumer Rights Lawsuit Statistics, September 16-30, 2009

Monthly Recap: There were a total of 732 FDCPA cases filed for the month of September 2009, along with 69 FCRA cases and 5 TCPA cases. This compares to 489 FDCPA cases and 105 FCRA cases in September 2008.

FDCPA and Other Consumer Rights Lawsuit Statistics, September 16-30, 2009

There were about 452 lawsuits filed under consumer statutes in the second half of September. Here is an approximate breakdown:

* 383 Fair Debt Collection Practices Act
* 30 Fair Credit Reporting Act
* 3 Telephone Consumer Protection Act
* 18 Truth In Lending Act
* 2 Consumer Legal Remedies Act
* 1 Connecticut Unfair Trade Practices Act
* 1 Driver’s Privacy Protection Act
* 1 Electronic Fund Transfers Act
* 1 Employee Retirement Income Security Act
* 1 Fair Credit Billing Act
* 2 Florida Consumer Collection Practices Act
* 1 Federal Employee Health Benefits Act
* 2 Home Ownership And Equity Protection Act
* 1 Illinois Consumer Fraud & Deceptive Business Practices Act
* 1 Kentucky Consumer Protection Act
* 1 Michigan Consumer Protection Act
* 4 Magnuson-Moss Warranty Act
* 4 Real Estate Settlement Procedures Act
* 3 Rosenthal Fair Debt Collection Practices Act
* 1 Racketeer Influenced and Corrupt Organizations Act
* 1 Securities Exchange Act
* 1 Unfair Business Practices
* 10 Unjust Enrichment
* 1 Washington Consumer Protection Act
* 1 West Virginia Consumer Credit & Protection Act

Summary:

* Of those cases, there were about 492 unique plaintiffs (including multiple plaintiffs in one suit).
* Of those plaintiffs, about 158 had sued under consumer statutes before.
* Combined, those 158 plaintiffs have filed about 890 lawsuits since 2001
* Actions were filed in 103 different US District Court branches.
* About 460 different collection firms and creditors were sued.

The top courts where lawsuits were filed:

* 40 Lawsuits: Illinois Northern District Court – Chicago
* 30 Lawsuits: California Central District Court – Los Angeles
* 27 Lawsuits: Minnesota District Court – DMN
* 22 Lawsuits: Florida Southern District Court – Fort Lauderdale
* 17 Lawsuits: Colorado District Court – Denver
* 16 Lawsuits: Connecticut District Court – New Haven
* 15 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
* 14 Lawsuits: New York Western District Court – Buffalo
* 12 Lawsuits: New York Eastern District Court – Central Islip
* 11 Lawsuits: California Northern District Court – San Francisco

The most active consumer attorneys were:

* Representing 20 Consumers: Donald A. Yarbrough
* Representing 19 Consumers: Michael S Agruss
* Representing 17 Consumers: Brent F. Vullings
* Representing 13 Consumers: Daniel A. Edelman
* Representing 13 Consumers: David J. Philipps
* Representing 13 Consumers: Mark L. Vavreck
* Representing 12 Consumers: David Michael Larson
* Representing 12 Consumers: George Thomas Martin, III
* Representing 12 Consumers: Nicholas J. Bontrager
* Representing 11 Consumers: Adam Theodore Hill

Statistics Year to Date:

7103 total lawsuits for 2009:

* 5872 FDCPA
* 905 FCRA
* 123 TCPA

Number of unique Plaintiffs: 7034 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:

* Representing 351 Consumers: Ryan Scott Lee
* Representing 234 Consumers: Nicholas J. Bontrager
* Representing 187 Consumers: Kenneth R. Hiller
* Representing 174 Consumers: Todd Michael Friedman
* Representing 159 Consumers: Daniel A. Edelman

Tags: fcra, fdcpa, pr, webrecon

Matthew Carpenter Comment by Matthew Carpenter on October 6, 2009 at 1:41pm
Great information, thank you!
Petra Alluis Comment by Petra Alluis on October 6, 2009 at 1:56pm
Hello Jack,

As always, your information is much appreciated. I know I owe you a call but have a quick question..I am wondering if you might have some general numbers on what the average cost is to fight a FDCPA or FRCA violation is. I am trying to stress the importance of education vs. the costs of mistakes and thought you might have some data to share.

Thanks as always,
Petra Alluis
Founder of the Judgment Recovery Institute
www.jrinstitute.org
Jack Gordon Comment by Jack Gordon on October 6, 2009 at 3:31pm
Matthew, it's my pleasure! I am glad you are enjoying the information.

Petra, please do call me when you have some time - I'd love to catch up. Unfortunately, I do not have a good answer for you, because this is not public, trackable information. I can tell you from personal experience that it is not at all cheap. That is why a settlement of $3500-$5000, while painful, is usually an easy business decision.

I would say to fight it in court is generally going to be a minimum of five figures. You can count on paying your legal fees, plus if not 100% successful a statutory fine of $1000-$3000 and the plaintiff's legal fees.

Comment

You need to be a member of CollectionTechnology.net to add comments!

Join CollectionTechnology.net



© 2010   Created by JJ Hornblass

Badges  |  Report an Issue  |  Privacy  |  Terms of Service