Browsing Tag fdcpa

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 29, 2010

1. Collectors sometimes try to stick you with a debt that was never yours

(WBIR.com, 09/02/10)

When the phone rang a few weeks ago at the McColl household the family got an unwelcome surprise: a debt collector on the other end of the line.”

2. Payday Loan Defendant Settles Charges; Illegally Tried to Garnish Borrowers’ Wages

(Statesboro.biz, accessed 09/02/10)

One of the owners of a payday loan and debt collection operation has agreed to settle Federal Trade Commission charges for his role in a scheme that illegally tried to garnish borrowers’ wages and used other illegal debt-collection practices.”

3. Home mortgage servicing company violated debt collection policies

(News Quench, 09/01/10)

The American Home Mortgage Servicing company based in Texas has been accused of violating the Texas Debt Collection and Deceptive Trade Practices Acts. Allegations from the state, including Attorney General Greg Abbot, say that AMHS used unlawful tactics to coerce payments from homeowners.”

4. Creditor sued for not contacting debtor’s attorney

(Southeast Texas Record, 09/01/10)

A Missouri creditor is being sued for violations of the Fair Debt Collection Practices Act after one of its collectors refused to contact a debtor’s attorney.”

5. One Entrepreneur Lost $3.5 Billion And His Finance Company — And Got It All Back

(The Business Insider, 09/01/10)

Twelve years ago, Bill Bartmann was the 25th richest person in the U.S.  But when a scandal hit his  debt-collection company, Commercial Financial Services, it collapsed and took Bartmann’s $3.5 billion net worth down with it.”

6. AGUEROS v. HUDSON & KEYSE, LLC

(Leagle.com, 08/31/10)

This appeal arises from a debt collection action. Appellee Hudson & Keyse, L.L.C. filed suit against Agueros to collect an outstanding debt. In response, Agueros asserted various affirmative defenses and counter-claims, for actual and statutory damages, under both state and federal debt collection acts. Hudson & Keyse then non-suited its action. Thereafter, the parties went to trial on Agueros’s counter-claims. Based on Agueros’s failure to prove any statutory violations or actual damages, the trial court entered a take-nothing judgment and subsequently denied Agueros’s motion for new trial. The trial court filed extensive findings of fact and conclusions of law in support of the take-nothing judgment. On appeal, Agueros complains that the evidence was legally and factually insufficient to support the trial court’s findings that she suffered no damages and that Hudson & Keyse did not violate the federal fair debt collection laws. Agueros likewise contends that she proved her claims for violation of 15 U.S.C. sections 1692e and 1692f as a matter of law. Finally, Agueros argues that, even absent an award for actual damages, the trial court erred in denying statutory additional damages.”

7. Five Rules for Collecting Late Payments

(Business Week, 08/31/10)

The warning signs of a customer’s cash-flow woes are easy to detect. Reduced orders, slowing payments, a change in phone number or business name, and a reluctance to get on the phone are all signs that trouble is brewing. Requests for duplicate invoice documentation or claims that “the check is in the mail” are also obvious stalling techniques.”

8. Sierra Group Compliance Signs Contact with United Collection Bureau to Launch ETHIcollect Compliance Program

(insideARM.com, 08/20/10)

United Collection Bureau, Inc. (UCB) announces the execution of a consulting service contract with King of Prussia, PA based Sierra Group Compliance, LLC to launch ETHICollect, an innovative new enterprise-wide, fully process-integrated compliance and consumer relationship management program. The program was designed and blueprinted for UCB by Sierra Group Compliance consultant Michael Fiori with UCB’s Executive Management Team lead by Jeff Horner, Chief Development Officer.

9. ACA Joins U.S. Chamber Call to Repeal IRS Reporting Requirement in Healthcare Bill

(insideARM.com, 08/27/10)

As the new health care bill slowly begins to take effect and people begin to examine the small details within the legislation, little known provisions have been discovered that have the potential to impose large burdens on small business in the very near future. One of these provisions is known as the 1099 reporting requirement.”

10. IACC Agency Certification Program Celebrates 10 Years

(insideARM.com, 09/02/10)

The International Association of Commercial Collectors, Inc. (IACC) Board of Directors is pleased to announce the 10th anniversary of its IACC Agency Certification Program. Offering members another step in quality assurance, obtaining this objective, third-party designation demonstrates an agency’s commitment to compliance and the highest standard of operations.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 22, 2010

1. BBB Warns About Bogus Debt Collectors; Local Woman Targeted

(KWTX.com, 08/27/10)

The Better Business Bureau issued a bulletin Friday warning about phony debt collection callers who claim to be from the Kentucky-based payday loan company U.S. Cash Advance.”

2. HEPSEN v. J.C. CHRISTENSEN AND ASSOCIATES, INC.

(Leagle.com, 08/25/10)

This appeal concerns an award of attorneys’ fees under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. After a one-day bench trial before a magistrate judge, Defendant J.C. Christensen and Associates, Inc. (“Christensen”), was found to have committed two violations of the FDCPA. The magistrate judge awarded Plaintiff Ahmet Hepsen (“Hepsen”) $500 in statutory damages. Having prevailed in his FDCPA action, Hepsen filed a motion for an award of attorneys’ fees under the FDCPA. At the time the magistrate judge ruled on the motion, Hepsen sought $54,273.50 in attorneys’ fees. Hepsen did not receive the requested $54,273.50..”

3. Debt collector accused of continuing to run an agency from prison

(Buffalo News, 08/25/10)

A Lancaster man imprisoned on a parole violation has been accused by Attorney General Andrew M. Cuomo of illegally operating his Buffalo debt collection agency from federal prison.

4. Ramos bill would set criteria for reporting outstanding health care debt

(NJ.com, 08/24/10)

Hoboken Assemblyman Ruben Ramos Jr. will introduce legislation that would require health care providers to notify patients with outstanding debt before reporting them to a private collection agency or consumer reporting agency.”

5. City approves new system to collect unpaid taxes

(Lancaster Eagle Gazette, 08/24/10)

Lancaster will enter into a new agreement with a tax collection agency in an effort to acquire money owed to the city, but not paid.”

6. Lawsuits Filed Against Agencies, Creditors Decline

(Credit & Collections Risk, 08/24/10)

The number of collection agencies and creditors sued between August 1-15 totaled 426, down from 488 sued in the July 16-31 period, but up from 389 in the first half of July, according to data from U.S. District Courts.”

7. Collection Agencies Maintain Growth Posture in Tough Economy

(insideARM.com, 08/18/10)

An increase in placements and portfolio supply has prompted collection agencies and debt buyers to hire people recently. Meanwhile, the performance outlook for the ARM industry remains strained.”

8. Kaulkin Gingsberg’s Michael Lamm asks, “What is Your “Plan of Attack”?

(insideARM.com, 08/24/10)

I love the summer. Who doesn’t?  It is a great time to be with your family and friends and to be outside if it is not 100 degrees and humid, like it has been in the Philadelphia area recently!  It is also a good time to reflect on how the year has been going with your debt collection agency, and to figure out your “plan of attack” for the remainder of the year and 2011.”

9. Final Changes Restricting Credit Cards will have Lingering Impact on ARM

(insideARM.com, 08/23/10)

The rules of the game governing credit cards are changing yet again, as the final provisions of federal legislation involving credit card interest rates and fees went into effect yesterday. The big buzz this is creating is centered on credit card interest rates reaching a nine-year high, expected to go up even further in light of these new restrictions.”

10. TOTAL U.S. BANKRUPTCIES IN FIRST HALF OF 2010 UP 14 PERCENT OVER FIRST HALF OF 2009

(American Bankruptcy Institute press release, 08/17/10)

The total number of U.S. bankruptcies filed during the first six months of 2010 increased 14 percent over the same six-month period in 2009, according to data released today by the Administrative Office of the U.S. Courts. Total filings reached 810,209 during the first half of the calendar year of 2010 (January 1-June 30), compared to 711,550 cases filed over the same period in 2009. The totals represent the highest number of filings for the first six months of a calendar year since 2005, when the Bankruptcy Code was amended.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 15, 2010

1. ‘The Huckebee Show’ Features ‘Debt Collectors Gone Wild’ (VIDEO)

(TVSquad.com, 08/17/10)

The Huckebee Show‘ (weekdays, syndicated) on Tuesday featured the cautionary tale of Michelle Minton. The mother of two young children received a call from a bill collector — who also represented himself as a lawyer — claiming she owed $4,500.”

2. Judgments Are Not Worth The Paper They’re Printed On

(JD SUPRA, 08/19/10)

The current economic crisis is making the debt collectors scared. When there’s no money to put food on the table, even a favorable judgment through the courts means nothing. The judgment by itself doesn’t get you paid, according to Cincinnati debt collection law firm Slovin & Associates partner Randy Slovin.”

You can download a .pdf copy of the story here.

3. Minnesota orders debt collector out of business

(Star Tribue, 08/19/10)

A Wayzata debt collector who allegedly told a debtor “I will hunt you down like a dog” was ordered by state regulators to cease operations in Minnesota.”

4. Local debt-collection business expands to Sartell

(sctimes.com, 08/19/10)

A local debt collector’s business is booming — and its space is growing along with it.  Array Services is building a new home for one of its companies, ProSource Billing. Later this fall it will move into a new 23,000-square-foot facility in Sartell. Construction has already begun.”

5. SMITH v. ARROW FINANCIAL SERVICES, LLC

(Leagle.com, 08/17/10)

This is a Fair Debt Collection Practices Act (“FDCPA”) case in which Plaintiff Pamela E. Smith alleges that Defendant violated provisions of the Act through three voicemail messages and one email exchange. Defendant’s position is that both the voicemails and emails were left or sent in response to a specific request by Plaintiff at least a year into an ongoing and regular communication between Plaintiff and Defendant, and therefore were not in violation of the Act.”

6. Five men detained over debt collection released

(IrishTimes.com, 08/19/10)

FIVE MEN arrested by gardaí investigating aggressive debt collecting practices in the building trade in Dublin have been released without charge.”

7. Actions taken by debt collection agencies are limited by law in Oklahoma

(NewsOK, 08/18/10)

Seniors, beware. If you’re being harassed by calls from debt collectors, don’t be bullied into paying anything before knowing the law. In Oklahoma, the statute of limitations on most debt is three years and if you pay even as little as $5 on an old debt, you’ll reset the clock.”

8. Collection effort pays off

(TribToday.com, 08/18/10)

Warren’s debt collection agency has netted nearly $340,000 for city coffers since it started working on delinquent accounts four months ago.”

9. ANCHONDO v. ANDERSON, CRENSHAW & ASSOCIATES, L.L.C.

(Leagle.com, 08/16/10)

Defendant Anderson, Crenshaw & Associates, L.L.C. (ACA) appeals from a district court order awarding plaintiff Elsa Anchondo $63,333.52 in attorney fees, gross receipts tax, and costs under 15 U.S.C. § 1692k(a) after ACA agreed to a settlement in favor of Ms. Anchondo and the class she represents on their claims against ACA under the Fair Debt Collection Practices Act (FDCPA). ACA contends the district court erred in certain respects in determining the amount of the attorney fee award. We review the district court’s award for an abuse of discretion, see, e.g., Jane L. v. Bangerter, 61 F.3d 1505, 1509 (10th Cir. 1995), and affirm for the reasons expressed below.”

10. Collection Agency Opens Case On Anthony’s Court Debt

(WESH.com, 08/17/10)

ORLANDO, Fla. — Court records show that a collection agency has opened a case to recover money Casey Anthony owes on her theft case.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 8, 2010

1. Woman suing loan company after debt collector goes to her work

(WFAA-TV, 08/13/10)

Being late on a loan has turned into a fiasco that a Fort Worth woman never expected. The debt collector showed up at her job and the ensuing drama didn’t end until police were called.”

2. Debt Collector Gives His Time and Money to Feeding Kansas Citys Hungry

(Debtcollectionagencysoftware.com, accessed 08/13/10)

What started four years as a selfless way to give back to people in his community has grown into a passion for Shawnee, Kan. resident Arthur Lott. Today, Lott purchases, prepares and delivers more than 450 meals to men, women and children at three Kansas City, Mo. homeless shelters each month.”

3. Article On Why The FDCPA Is Designed To Protect Debt Collectors

(Alabama Consumer Law Blog, 08/04/10)

When we think about who the Fair Debt Collection Practices Act (FDCPA) is designed to protect we don’t normally think of . . . debt collectors. In a new article we explain how the FDCPA is designed to protect honorable . . . law abiding debt collectors from those debt collectors that are abusive and dishonorable.”

4. Raleigh woman sues JCPenney Credit for unfair practices

(The West Virginia Record, 08/12/10)

A Raleigh County woman is suing JCPenney Credit Services, General Electric and NCO Financial Systems after she claims they engaged in unlawful debt collection, unfair or deceptive practices and invasion of privacy, among other things.”

5. 3 things you should never say to a debt collector

(Wallet Pop, 08/12/10)

Lynnette Khalfani-Cox offers consumers three tips for dealing with collectors. Do you agree?

6. Lawsuits Against Collection Agencies, Creditors Spike

(Credit & Collections Risk, 08/12/10)

The number of collection agencies and creditors sued under various consumer statutes spiked to 480 in the second half of July, compared with 389 in the first half, according to data from U.S. District Courts.”

7. Debt collector for $200 bill gets nailed for $1.5-million judgment

(Hanna Boucher’s blog, 08/12/10)

I have worked in the  collections field for over 20 years.  I followed the FDCPA and was compliant.  Most collectors I have seen have been in the grey area. Then there are even many more that I see violate the FDCPA completely while the company owners are aware of it.”

8. Collection law firm sued for attempting to collect debt

(The Southeast Texas Record, 08/11/10)

A professional collection law firm is being sued after placing telephone calls to a Texas resident without disclosing they were attempting to collect a debt.”

9. Consumer files two lawsuits against debt collectors

(The Southeast Texas Record, 08/11/10)

A Lewisville resident has filed two lawsuits against debt collectors for violating the Fair Debt Collection Practices Act.”

10. Collection Agency Promotes “Good” Stories of the Collection Industry

(Collections Recon, 08/11/10)

American Profit Recovery,  a collection agency based in Michigan, Massachusetts and North Carolina, recently posted a number of short stories and profiles geared toward showing the general public and others that there are many aspects of the collection industry that go unreported, are misrepresented and intentionally covered in the media one-sided. The stories focus on how the agency has helped businesses and consumers come together in a diplomatic way to resolve debt, not just collect debt. The profiles can be read here at: http://www.collectionagencyblog.com“

FOR IMMEDIATE RELEASE:

Grand Rapids, MI (April 7, 2010) – The following statistics are provided to the ARM industry courtesy of WebRecon LLC.

FDCPA and Other Consumer Rights Lawsuit Statistics, April 7, 2010

There were about 545 lawsuits filed under consumer statutes in the second half of March. Here is an approximate breakdown:
 476 Fair Debt Collection Practices Act
 42 Fair Credit Reporting Act
 17 Truth In Lending Act
 2 Equal Credit Opportunity Act
 2 Electronic Fund Transfers Act
 1 Higher Education Opportunity Act
 1 Home Ownership And Equity Protection Act
 2 Internal Revenue Code
 1 Personal Injury
 2 State of California Consumer Statutes
 1 State of Florida Consumer Statutes
 1 State of Maryland Consumer Statutes
 1 State of New York Consumer Statutes
 1 State of Ohio Consumer Statutes
 1 State of Vermont Consumer Statutes
 2 State of West Virginia Consumer Statutes
 3 Real Estate Settlement Procedures Act

Summary:
 Of those cases, there were about 588 unique plaintiffs (including multiple plaintiffs in one suit).
 Of those plaintiffs, about 172 had sued under consumer statutes before.
 Combined, those 172 plaintiffs have filed about 1045 lawsuits since 2001
 Actions were filed in 111 different US District Court branches.
 About 525 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
 36 Lawsuits: Illinois Northern District Court – Chicago
 30 Lawsuits: Colorado District Court – Denver
 28 Lawsuits: Minnesota District Court – DMN
 25 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
 25 Lawsuits: Georgia Northern District Court – Atlanta
 24 Lawsuits: California Central District Court – Western Division – Los Angeles
 20 Lawsuits: New York Western District Court – Buffalo
 15 Lawsuits: New York Eastern District Court – Brooklyn
 13 Lawsuits: New York Eastern District Court – Central Islip
 12 Lawsuits: California Northern District Court – San Francisco

The most active consumer attorneys were:
 Representing 23 Consumers: Sergei Lemberg
 Representing 21 Consumers: Brent F. Vullings
 Representing 20 Consumers: David Michael Larson
 Representing 17 Consumers: Todd Michael Friedman
 Representing 17 Consumers: James D. Pacitti
 Representing 17 Consumers: James Marvin Feagle
 Representing 16 Consumers: Craig Thor Kimmel
 Representing 15 Consumers: Adam Jon Fishbein
 Representing 15 Consumers: Nicholas J. Bontrager
 Representing 13 Consumers: Jon N. Robbins

Statistics Year to Date:
2816 total lawsuits for 2010, including:
 2403 FDCPA
 255 FCRA
 8 TCPA
 101 TILA (Truth in Lending Act)

Number of unique Plaintiffs: 2869 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
 Representing 92 Consumers: Ryan Scott Lee
 Representing 90 Consumers: Matthew William Kiverts
 Representing 90 Consumers: Brent F. Vullings
 Representing 83 Consumers: Sergei Lemberg
 Representing 80 Consumers: David Michael Larson

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.

FOR IMMEDIATE RELEASE:

Grand Rapids, MI (March 9, 2010) – The following statistics are provided to the ARM industry courtesy of WebRecon LLC.

FDCPA and Other Consumer Rights Lawsuit Statistics, February 16-28, 2010

There were about 463 lawsuits filed under consumer statutes in the second half of February. Here is an approximate breakdown:

 384 Fair Debt Collection Practices Act (vs. 238 same period 2009, 221 same period 2008)
 49 Fair Credit Reporting Act (vs. 31 same period 2009, 39 same period 2008)
 0 Telephone Consumer Protection Act (vs. 2 same period 2009, 0 same period 2008)
 16 Truth In Lending Act
 1 Credit Repair Organizations Act
 2 Driver’s Privacy Protection Act
 3 Equal Credit Opportunity Act
 1 Electronic Fund Transfers Act
 1 Fair Housing Act
 1 Higher Education Opportunity Act
 1 Homeowners Loan Act
 4 State of California Consumer Statutes
 1 State of Maryland Consumer Statutes
 1 State of Oregon Consumer Statutes
 4 State of Texas Consumer Statutes
 2 State of West Virginia Consumer Statutes
 9 Real Estate Settlement Procedures Act

Summary:
 Of those cases, there were about 502 unique plaintiffs (including multiple plaintiffs in one suit).
 Of those plaintiffs, about 258 had sued under consumer statutes before.
 Combined, those 258 plaintiffs have filed about 947 lawsuits since 2001
 Actions were filed in 105 different US District Court branches.
 About 471 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
 36 Lawsuits: Illinois Northern District Court – Chicago
 34 Lawsuits: California Central District Court – Western Division – Los Angeles
 21 Lawsuits: Minnesota District Court – DMN
 16 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
 16 Lawsuits: Colorado District Court – Denver
 15 Lawsuits: Georgia Northern District Court – Atlanta
 14 Lawsuits: New York Western District Court – Buffalo
 12 Lawsuits: Michigan Eastern District Court – Detroit
 12 Lawsuits: California Northern District Court – San Francisco
 10 Lawsuits: New York Eastern District Court – Central Islip

The most active consumer attorneys were:
 Representing 16 Consumers: Adam Theodore Hill
 Representing 14 Consumers: George Thomas Martin, III
 Representing 14 Consumers: Matthew William Kiverts
 Representing 14 Consumers: Sergei Lemberg
 Representing 13 Consumers: Ryan Scott Lee
 Representing 13 Consumers: Todd Michael Friedman
 Representing 12 Consumers: Brent F. Vullings
 Representing 11 Consumers: David J. Philipps
 Representing 10 Consumers: Diana P. Larson
 Representing 9 Consumers: Lara Ruth Shapiro

Statistics Year to Date:

1742 total lawsuits for 2010, including:
 1470 FDCPA (vs. 1120 same period 2009, 824 same period 2008)
 164 FCRA (vs. 186 same period 2009, 189 same period 2008)
 7 TCPA (vs. 3 same period 2009, 5 same period 2008)
 69 TILA (Truth in Lending Act)

Number of unique Plaintiffs: 1792 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
 Representing 75 Consumers: Matthew William Kiverts
 Representing 66 Consumers: Ryan Scott Lee
 Representing 49 Consumers: Brent F. Vullings
 Representing 48 Consumers: Adam Theodore Hill
 Representing 46 Consumers: David Michael Larson

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.

The FDCPA Litigant Alert Batch up to one million accounts per hour through our massive litigant database
The ‘Litigant Exchange’ Provide your state & local lawsuit data in exchange for access to others’ lawsuit data
The ‘Reputation Tracker’ The industry’s only Consumer Web Site search engine
The ‘Litigant Hotsheet’ A quick snapshot of the most active litigious consumers sent twice monthly

For more information, please contact:
Jack Gordon, CEO
WebRecon LLC, The FDCPA Litigant Alert
Web: www.WebRecon.com
Email: admin@webrecon.net
Phone: (616) 682-5327

Grand Rapids, MI (February 23, 2010) – The following statistics are provided to the ARM industry courtesy of WebRecon LLC.

There were about 436 lawsuits filed under consumer statutes in the first half of February. Here is an approximate breakdown:

 372 Fair Debt Collection Practices Act
 38 Fair Credit Reporting Act
 2 Telephone Consumer Protection Act
 15 Truth In Lending Act
 1 Credit Repair Organizations Act
 1 Electronic Fund Transfers Act
 2 Home Ownership And Equity Protection Act
 5 State of California Consumer Statutes
 3 State of Florida Consumer Statutes
 1 State of Massachusetts Consumer Statutes
 2 State of Pennsylvania Consumer Statutes
 1 State of Texas Consumer Statutes
 1 State of West Virginia Consumer Statutes
 7 Real Estate Settlement Procedures Act
 2 Racketeer Influenced and Corrupt Organizations Act

Summary:
 Of those cases, there were about 462 unique plaintiffs (including multiple plaintiffs in one suit).
 Of those plaintiffs, about 153 had sued under consumer statutes before.
 Combined, those 153 plaintiffs have filed about 766 lawsuits since 2001
 Actions were filed in 99 different US District Court branches.
 About 293 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
 31 Lawsuits: Illinois Northern District Court – Chicago
 26 Lawsuits: Colorado District Court – Denver
 17 Lawsuits: Arizona District Court – Phoenix
 17 Lawsuits: California Central District Court – Western Division – Los Angeles
 16 Lawsuits: Michigan Western District Court – Southern Division
 14 Lawsuits: Missouri Eastern District Court – St. Louis – Eastern Division
 13 Lawsuits: New York Western District Court – Buffalo
 12 Lawsuits: Minnesota District Court – DMN
 12 Lawsuits: New Jersey District Court – Newark
 11 Lawsuits: Pennsylvania Middle District Court – Scranton

The most active consumer attorneys were:
 Representing 29 Consumers: Matthew William Kiverts
 Representing 17 Consumers: Ryan Scott Lee
 Representing 14 Consumers: David Michael Larson
 Representing 14 Consumers: Robert T. Healey, Jr.
 Representing 11 Consumers: Daniel A. Edelman
 Representing 11 Consumers: J. Mark Meinhardt
 Representing 11 Consumers: Nicholas J. Bontrager
 Representing 11 Consumers: Phillip C. Rogers
 Representing 10 Consumers: John Cole Gayle, Jr.
 Representing 10 Consumers: Michael S Agruss

Statistics Year to Date:
1284 total lawsuits for 2010, including:
 1087 FDCPA (vs. 882 same time 2009, 601 same time 2008)
 115 FCRA (vs. 155 same time 2009, 150 same time 2008)
 7 TCPA (vs. 1 same time 2009, 4 same time 2008)
 54 TILA (Truth in Lending Act)

Number of unique Plaintiffs: 1327 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
 Representing 61 Consumers: Matthew William Kiverts
 Representing 53 Consumers: Ryan Scott Lee
 Representing 38 Consumers: David Michael Larson
 Representing 37 Consumers: Brent F. Vullings
 Representing 33 Consumers: Nicholas J. Bontrager

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.

The FDCPA Litigant Alert Batch up to one million accounts per hour through our massive litigant database
The ‘Litigant Exchange’ Provide your state & local lawsuit data in exchange for access to others’ lawsuit data
The ‘Reputation Tracker’ The industry’s only Consumer Web Site search engine
The ‘Litigant Hotsheet’ A quick snapshot of the most active litigious consumers sent twice monthly

For more information, please contact:
Jack Gordon, CEO
WebRecon LLC, The FDCPA Litigant Alert
Web: www.WebRecon.com
Email: admin@webrecon.net
Phone: (616) 682-5327
###

Download a free copy of the Fair Debt Collection Practices Act (FDCPA) by visiting the Federal Trade Commission’s website.

Grand Rapids, MI (January 21, 2010) The following statistics are provided to the ARM industry courtesy of WebRecon LLC.

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.

For more information, please contact:

Jack Gordon, CEO
WebRecon LLC, The FDCPA Litigant Alert
Web: www.WebRecon.com
Email: admin@webrecon.net
Phone: (616) 682-5327

FOR IMMEDIATE RELEASE:

Grand Rapids, MI (January 21, 2010) – The following statistics are provided to the ARM industry courtesy of WebRecon LLC.

There were about 396 lawsuits filed under consumer statutes in the first half of January. Here is an
approximate breakdown:

 319 Fair Debt Collection Practices Act
 36 Fair Credit Reporting Act
 4 Telephone Consumer Protection Act
 24 Truth In Lending Act
 1 Bankruptcy Related
 5 Equal Credit Opportunity Act
 2 Electronic Fund Transfers Act
 1 Higher Education Opportunity Act
 2 Home Ownership And Equity Protection Act
 6 State of California Consumer Statutes
 2 State of Florida Consumer Statutes
 1 State of Georgia Consumer Statutes
 1 State of Illinois Consumer Statutes
 1 State of Maryland Consumer Statutes
 1 State of New Jersey Consumer Statutes
 7 Real Estate Settlement Procedures Act
 3 Racketeer Influenced and Corrupt Organizations Act

Summary:
 Of those cases, there were about 418 unique plaintiffs (including multiple plaintiffs in one suit).
 Of those plaintiffs, about 114 had sued under consumer statutes before.
 Combined, those 114 plaintiffs have filed about 702 lawsuits since 2001
 Actions were filed in 96 different US District Court branches.
 About 260 different collection firms and creditors were sued.

The top courts where lawsuits were filed:
 23 Lawsuits: Illinois Northern District Court – Chicago
 22 Lawsuits: California Central District Court – Los Angeles
 20 Lawsuits: Colorado District Court – Denver
 16 Lawsuits: California Northern District Court – San Francisco
 14 Lawsuits: Pennsylvania Eastern District Court – Philadelphia
 10 Lawsuits: Alabama Northern District Court – Western
 10 Lawsuits: Arizona District Court – Phoenix
 10 Lawsuits: Pennsylvania Middle District Court – Scranton
 10 Lawsuits: California Southern District Court – San Diego
 9 Lawsuits: Indiana Southern District Court – Indianapolis

The most active consumer attorneys were:
 Representing 26 Consumers: Ryan Scott Lee
 Representing 15 Consumers: Adam Theodore Hill
 Representing 15 Consumers: Brent F. Vullings
 Representing 13 Consumers: David Michael Larson
 Representing 13 Consumers: Sergei Lemberg
 Representing 13 Consumers: Todd Michael Friedman
 Representing 12 Consumers: Matthew William Kiverts
 Representing 9 Consumers: Brandon Lee Blankenship
 Representing 8 Consumers: John Cole Gayle, Jr.
 Representing 8 Consumers: Joseph A Mullaney III

Statistics Year to Date:

396 total lawsuits for 2010, including:
 319 FDCPA
 36 FCRA
 4 TCPA

Number of unique Plaintiffs: 418 (including multiple plaintiffs in one suit)

The most active consumer attorneys of the year:
 Representing 26 Consumers: Ryan Scott Lee
 Representing 15 Consumers: Adam Theodore Hill
 Representing 15 Consumers: Brent F. Vullings
 Representing 13 Consumers: David Michael Larson
 Representing 13 Consumers: Sergei Lemberg

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.

The FDCPA Litigant Alert Batch up to one million accounts per hour through our massive litigant database

The ‘Litigant Exchange’ Provide your state & local lawsuit data in exchange for access to others’ lawsuit data

The ‘Reputation Tracker’ The industry’s only Consumer Web Site search engine

The ‘Litigant Hotsheet’ A quick snapshot of the most active litigious consumers sent twice monthly

For more information, please contact:
Jack Gordon, CEO
WebRecon LLC, The FDCPA Litigant Alert
Web: www.WebRecon.com
Email: admin@webrecon.net
Phone: (616) 682-5327