Lex Machina Releases 2024 Consumer Protection Litigation Report

While consumer protection cases have been on an overall decline over most of the past decade, there was an increase in general consumer protection cases, class action cases, TCPA cases, and data breach cases in 2023

Menlo Park, CA — July 3, 2024 — Lex Machina, a LexisNexis company, today releases its 2024 Consumer Protection Litigation Report. The report examines consumer protection litigation trends in federal district and appellate courts. Focusing on the three-year period from 2021 to 2023, it surveys emerging trends in case filings, venues, judges, law firms, attorneys, parties, timing metrics, case resolutions, findings, and damages. The report often focuses on different sets of data, e.g., filtering cases in order to provide analytics on general consumer protection cases, class action cases, FCRA cases, FDCPA cases, TCPA cases, data breach cases, and consumer protection appellate cases.

“Consumer protection litigation is a complex and multi-faceted area of law that involves a broad spectrum of possible underlying claims,” said Laura Hopkins, Lex Machina’s consumer protection legal data expert and editor of the report. “In our report, we leverage Lex Machina’s diverse and nuanced filters to slice the data and analytics in order to gain crucial data-driven insights into the different subsets of consumer protection cases that matter most to practitioners.”

Findings from the report include:

  • In 2023, 14,515 consumer protection cases were filed in federal district courts.
  • In the three-year period from 2021 to 2023, the highest number of consumer protection cases was filed in the Central District of California, while Judge Burroughs from the District of Massachusetts was the most active judge for consumer protection cases.
  • Individual plaintiffs dominated the lists of the most active plaintiffs, the vast majority filing cases that involved claims under the TCPA.
  • Credit reporting companies comprised the bulk of the most active defendants, defending in cases that primarily involved claims under the FCRA.
  • In the three-year period from 2021 to 2023, Atlas Consumer Law was the most active law firm representing plaintiffs in consumer protection cases, while Jones Day represented defendants in the highest number of consumer protection cases.
  • For consumer protection cases that were appealed to a federal appellate court and terminated from 2021 to 2023 with a decision on the merits of the appeal, 30% were ultimately reversed.
  • $13 billion in total damages were awarded as Approved Class Action Settlements from 2021 to 2023.

Lex Machina’s reports and software enable practitioners to devise data-driven litigation strategies. 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 for a competitive edge in court.

Register here for a copy of the report.

About LexisNexis Legal & Professional
LexisNexis Legal & Professional® provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,800 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

About Lex Machina
Lex Machina fundamentally changes how companies and law firms compete in the business and practice of law. The company provides strategic insights on judges, lawyers, law firms, parties, and other critical information across 22 federal practice areas and a rapidly growing number of state courts. Lex Machina allows law firms and companies to anticipate the behaviors and outcomes that different legal strategies will produce, enabling them to win cases and close business.

Lex Machina was named one of Forbes’ Best Workplaces in the Bay Area in 2024, Winner of the “Media Excellence Award” for Analytics/Big Data 2024, “Great Places to Work 2023-2024”, one of “Legal Tech’s Most Promising Solution Providers” (CIO Review Awards 2022), “Greater Bay Area Top Workplaces 2022” (The San Francisco Chronicle Top Workplaces in the Bay Area 2022), “Legal Tech Company of the Year 2021″ (CIO Review, 2021), “2021 Legal Technology Trailblazer” (National Law Journal Trailblazer Awards, 2021), and Winner of the “Media Excellence” Award for Analytics/Big Data (13th Annual Media Excellence Award, 2021). Based in Silicon Valley, Lex Machina is part of LexisNexis, a leading global provider of legal, regulatory, and business information and analytics. For more information, please visit www.lexmachina.com.