The Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA) are statutes enacted to protect consumers from harassment and invasive practices. Having undergone multiple updates since their inception, the types of complaints that consumers report are ever-changing, and year-to-year statistics highlight the efficacy and shortcomings of these statutes. The following provides an overview of FDCPA and TCPA litigation in 2017.
FDCPA and TCPA Litigation Statistics
2017 was a shocking year for consumer law in some areas and remained as expected in others. One of the most notable statistics is that after hitting an all-time high of 4,840 TCPA cases filed in 2016, the numbers dropped to 4,392 in 2017. This is the first time TCPA litigation has decreased since its implementation. Although down 9.3% from the prior year, it is still the second-highest recording of TCPA litigation since 2002.
Many people believe this is a direct result of the precedents set by recent cases and updates made to the statute itself. As the TCPA continues to see alterations and clarifications to term definitions, consumers are becoming more aware of what constitutes a legitimate TCPA violation. So although the numbers may be down, one can assume that the types of cases reaching litigation are more substantial.
The statistics for FDCPA litigation, however, continue to rise and fall like a roller coaster ride. After a decade of year-to-year growth in litigated cases, the numbers peaked in 2011 at 12,223 cases filed. Since then, the number of lawsuits filed declined for three straight years then shockingly shot up to 11,797 in 2015. 2017 ended with a total of 9,784 FDCPA cases litigated, down -5.8% from the prior year, but if history repeats itself, one can expect for the numbers to increase in coming years.
How These Numbers Affect You, The Consumer
As the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) struggle to find a balance between consumer protection and legal freedoms of entities and corporations, there will always be those that overstep their legal boundaries. Whether it be as a result of being unaware of changes to the statutes or simply disregarding the law, you have the right to receive compensation for being subjected to illegal debt collection or telemarketing tactics. Be sure to reach out to an experienced lawyer who can protect your consumer rights.
The Florida FDCPA and TCPA lawyers at The Law Offices of Jibrael S. Hindi are dedicated legal professionals who can apply every letter of the law to your benefit. The enactments entitle you to up to $1,000 per FDCPA violation and up to $1,500 per TCPA violation. Bring your concerns to us and allow us to help you recover the maximum amount available in your case specifically. Contact us today for a free case evaluation. You pay nothing until Jibrael wins for you!