Consumer litigation activity continues at elevated levels as 2026 begins, despite mixed monthly results across the major consumer protection statutes tracked by WebRecon. While filings under the Fair Credit Reporting Act (FCRA) increased noticeably during the month and complaints submitted to the Consumer Financial Protection Bureau (CFPB) also rose, filings under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) declined modestly compared to December. Despite these variations, overall activity remains elevated relative to the same period last year, reinforcing the continued litigation and regulatory exposure facing financial services companies as the new year begins.
The January data also highlights two persistent drivers of consumer litigation risk: TCPA class actions and repeat plaintiffs. A significant portion of TCPA filings continue to be brought as putative class actions, amplifying potential exposure for companies given the statute’s statutory damages framework. In addition, repeat plaintiffs remain a substantial presence in the litigation landscape, with a notable percentage of individuals filing suits having brought prior consumer protection actions. This concentration of class litigation and serial plaintiffs reinforces that even modest monthly fluctuations in filing volume can translate into meaningful risk for companies operating in the consumer financial services space.
Key Statistics
- Fair Credit Reporting Act (FCRA): 832 cases filed in January (14 as class actions), representing an 11.1% increase from December and a 47.5% increase compared to January 2025.
- Fair Debt Collection Practices Act (FDCPA): 396 cases filed (41 as class actions), a 13.5% decrease from December, but an 26.5% increase compared to January 2025.
- Telephone Consumer Protection Act (TCPA): 219 cases filed (170 as class actions), a 1.4% decrease from December, and a 5.8% increase compared to January 2025.
- Consumer Financial Protection Bureau (CFPB) Complaints: 30,983 complaints submitted in January, representing a 2.1% increase from December and a 26% increase compared to January 2025.
- Unique Plaintiffs: 1233 unique plaintiffs (including multiple plaintiffs in one suit).
- Repeat Filers: About 506 of the plaintiffs, or (41%), had sued under consumer statutes before.
Most Active Courts
- Georgia Northern District Court – Atlanta (126 Lawsuits)
- Illinois Northern District Court – Chicago (92)
- California Central District Court – Western Division – Los Angeles (63)
- 42 Lawsuits: Florida Middle District Court – Tampa (42)
- Florida Middle District Court – Orlando (41)
- Florida Southern District Court – Miami (38)
- New Jersey District Court – Newark (36)
- New York Eastern District Court – Brooklyn (33)
- Texas Southern District Court – Houston (33)
- California Central District Court – Eastern Division – Riverside (29)
Top States for CFPB Complaints
- Texas (5426 Complaints)
- Florida (3274)
- Georgia (2843)
- California (2836)
- South Carolina (1426)
- New York (1209)
- North Carolina (1195)
- Pennsylvania (1072)
- Illinois (1010)
- Alabama (825)
Although January’s statistics reflect a mix of increases and decreases across individual statutes, the broader enforcement environment remains active. FCRA litigation continued to grow, CFPB complaints remained elevated, and TCPA class actions continue to present outsized exposure relative to filing volume. As 2026 progresses, financial services providers should expect consumer litigation and regulatory scrutiny to remain a central compliance risk. Maintaining strong compliance controls, monitoring complaint trends, and proactively assessing litigation exposure will remain essential strategies for navigating the evolving consumer protection landscape.
