Lex Machina is proud to release its 2023 Consumer Protection Litigation Report, which provides insights into consumer protection litigation trends in federal district court and appellate court over the three-year period from 2020 to 2022. This report surveys emerging trends in case filings (including class action, FCRA, FDCPA, TCPA, data breach, and federal appellate cases), most active venues, judges, law firms, parties, timing metrics, case resolutions, findings, and damages.
Key Trends and Highlights from the report include:
- In 2022, 11,327 consumer protection cases were filed, the lowest number of cases filed in any year over the past decade.
- The majority of the most active plaintiffs were individual plaintiffs who filed cases that primarily involved claims under the TCPA.
- Credit reporting companies dominated the list of the most active defendants, defending themselves in cases that largely involved claims under the FCRA.
- Atlas Consumer Law represented plaintiffs in the highest number of consumer protection cases filed in the three-year period from 2020 to 2022.
- Jones Day represented defendants in the highest number of consumer protection cases filed in the three-year period from 2020 to 2022.
- For consumer protection cases that were appealed to a federal appellate court and terminated from 2020 to 2022 with a decision on the merits of the appeal, 26% were ultimately reversed.
- $4.9 billion in total damages were awarded as Restitution across 109 cases from 2020 to 2022.
Legal Analytics is used for planning, budgeting, and litigation strategy. The metrics in this report can help readers decide who to pursue as clients, whether to file a particular motion, or when to settle (and for how much). This research supplements traditional legal research and anecdotal data in order to gain a competitive edge in litigation.
Lex Machina hosted a webcast to discuss the report on March 30, 2023 with Anya Verkhovskaya (President and CEO of Class Experts Group, LLC), James Vlahakis (Senior Attorney at Vlahakis Law Group LLC), Laura Hopkins (Lex Machina’s Legal Data Expert in Consumer Protection Litigation), and Aria Nejad (Lex Machina’s in-house counsel). View a recording of the webcast.