Consumer Litigation Year in Review: FDCPA and TCPA Decline Continues

2019 filings reflect ongoing activity for filings impacting the accounts receivable management industry, according to latest WebRecon report.

1/30/2020 10:30 AM

CFPBFDCPANewsTCPAFCRA
Consumer Litigation Year in Review: FDCPA and TCPA Decline Continues

Analysis of consumer litigation activity, which often fluctuates on a monthly basis, for the year of 2019 shows long-standing trends, WebRecon CEO Jack Gordon reports in his year-end report released Jan. 28.

Year-to-date filings (comparing filings from Jan. 1, 2018, through Dec. 31, 2018, to filings from Jan. 1, 2019, through Dec. 31, 2019) include:

  • A 7.7% decline for the FDCPA from 9,011 in 2018 to 8,315 in 2019
  • A 8.9% increase for the FCRA from 4,533 in 2018 to 4,938 in 2019
  • A 14.2% decline for the TCPA from 3,806 in 2018 to 3,297 in 2019.

Gordon reports the FDCPA filings in 2018 declined 7.8% over 2017, and 5.8% for 2017 over 2016; while TCPA filings declined 13.2% in 2018 over 2017 and 9.3% for 2017 over 2016.

The FCRA filings also increased over the last several years, including by 4.3% for 2018 over 2017 and 9.9% for 2017 over 2016.

“In other words, FDCPA and TCPA are continuing their trajectories of slow descent almost exactly on pace from the last couple of years, yet at the same time the growth in FCRA litigation has doubled in intensity from last year (but is on pace from the year before). That tells us something about where consumer litigation filings are headed in 2020,” Gordon said.

However, CFPB complaints flipped in 2019 compared to 2018.

“While complaints are down 9.5% from 2018, in [the] full year 2018 they were up +5.9% over 2017, and in 2017 they were up +18.5% from 2016,” Gordon reports.

Looking at monthly numbers for December 2019, FDCPA filings declined 0.3%, TCPA filings -12.4%, FCRA filings-6.7% and CFPB complaints declined -6.6%

The accounts receivable management industry continues its strong response to consumers with 96% of responses to CFPB complaints reported in a timely manner.

Read more findings in the complete WebRecon report here.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


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Consumer Litigation Year in Review: FDCPA and TCPA Decline Continues

Analysis of consumer litigation activity, which often fluctuates on a monthly basis, for the year of 2019 shows long-standing trends, WebRecon CEO Jack Gordon reports in his year-end report released Jan. 28.

Year-to-date filings (comparing filings from Jan. 1, 2018, through Dec. 31, 2018, to filings from Jan. 1, 2019, through Dec. 31, 2019) include:

  • A 7.7% decline for the FDCPA from 9,011 in 2018 to 8,315 in 2019
  • A 8.9% increase for the FCRA from 4,533 in 2018 to 4,938 in 2019
  • A 14.2% decline for the TCPA from 3,806 in 2018 to 3,297 in 2019.

Gordon reports the FDCPA filings in 2018 declined 7.8% over 2017, and 5.8% for 2017 over 2016; while TCPA filings declined 13.2% in 2018 over 2017 and 9.3% for 2017 over 2016.

The FCRA filings also increased over the last several years, including by 4.3% for 2018 over 2017 and 9.9% for 2017 over 2016.

“In other words, FDCPA and TCPA are continuing their trajectories of slow descent almost exactly on pace from the last couple of years, yet at the same time the growth in FCRA litigation has doubled in intensity from last year (but is on pace from the year before). That tells us something about where consumer litigation filings are headed in 2020,” Gordon said.

However, CFPB complaints flipped in 2019 compared to 2018.

“While complaints are down 9.5% from 2018, in [the] full year 2018 they were up +5.9% over 2017, and in 2017 they were up +18.5% from 2016,” Gordon reports.

Looking at monthly numbers for December 2019, FDCPA filings declined 0.3%, TCPA filings -12.4%, FCRA filings-6.7% and CFPB complaints declined -6.6%

The accounts receivable management industry continues its strong response to consumers with 96% of responses to CFPB complaints reported in a timely manner.

Read more findings in the complete WebRecon report here.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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