Lex Machina is excited to announce the release of its Consumer Protection Litigation Report 2021. The report focuses on the last three years (2018-2020) and examines the latest trends and insights from consumer protection litigation.

It includes data in the following areas:

  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Truth in Lending Act (TILA)
  • Telephone Consumer Protection Act (TCPA)
  • Data Breach
  • Federal Trade Commission (FTC) / Consumer Financial Protection Bureau (CFPB) Enforcement
  • Unfair / Deceptive Trade Practices (UDTP)
  • Class Actions

Report Highlights

  • Over the last decade, consumer protection case filings saw a modest peak in 2017 with 15,523 cases, but then declined 17% between 2017 and 2020, which only saw 12,922 case filings.
  • Despite steady numbers overall, certain case types saw drastic increases and decreases. For example, FCRA claims nearly tripled over the last decade while FDCPA claims decreased 42%.
  • The FTC tops the most active plaintiffs list with 157 cases filed in the last three years while the most active defendants are credit reporting companies that faced large numbers of FCRA claims.
  • Atlas Consumer Law filed the most consumer protection lawsuits in the last three years with 2,509 cases.
  • The most active defendants’ law firm was Jones Day with 2,970 cases.
  • When looking at damages by type, the largest damages amount was for restitution damages, with nearly $5.5 billion that were most often part of consent judgments in FTC/CFPB Enforcement cases.

View our Consumer Protection Infographic.

The report includes data-driven insights into the behavior of courts, judges, parties, and law firms. Legal analytics is used for planning, forecasting, and litigation strategy. The metrics in this report may help readers decide who to pursue as clients, whether to pursue a particular motion, or when to settle. This research supplements traditional legal research and anecdotal data for a competitive edge in litigation.

On August 12, 2021, Lex Machina hosted a lively discussion of the report with Michael Cardoza from The Cardoza Law Corporation, and report author, Laura Hopkins. It was moderated by Neil Magenheim.

View a recording of the webcast.

Request a copy of the report.

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FCRA Filing Chart