August 2026 TCPA / FDCPA / FCRA Litigation Update: Mixed Monthly Results Persist as 2026 Litigation Keeps Trending High

Consumer litigation activity remained mixed in August 2026, with WebRecon’s latest data reflecting another month of divergent movement across the major consumer protection statutes. Fair Debt Collection Practices Act (FDCPA) filings increased 4.0% from July, while Telephone Consumer Protection Act (TCPA) filings rose 11.9%. By contrast, Fair Credit Reporting Act (FCRA) filings declined 14.7%, and Consumer Financial Protection Bureau (CFPB) complaints fell 17.4%. Despite these monthly fluctuations, year-to-date (YTD) activity across all four categories continues to exceed 2025 levels, with FCRA filings up 42.4%, TCPA filings up 20.2%, FDCPA filings up 10.2%, and CFPB complaints up 19.6%.

Two features of the August data are particularly noteworthy. TCPA class actions rebounded as a share of overall TCPA filings, representing 72.2% of cases compared to 61.0% in July. That percentage remains consistent with the unusually high class action concentration seen throughout much of 2026 and continues to create disproportionate exposure relative to overall TCPA filing volume. Repeat plaintiffs also remained a significant presence, although their share declined somewhat, with approximately 36% of individuals filing consumer protection lawsuits in August having previously brought similar actions.

Key Statistics

  • Fair Credit Reporting Act (FCRA): 968 cases filed in August (11 as class actions, representing 1.1% of filings), a 14.7% decrease from July, but approximately 25.2% higher than August 2025. FCRA filings remain up 42.4% YTD compared to 2025.
  • Fair Debt Collection Practices Act (FDCPA): 365 cases filed (34 as class actions, representing 9.3% of filings), a 4.0% increase from July and approximately 4.6% higher than August 2025. FDCPA filings remain up 10.2% YTD compared to 2025.
  • Telephone Consumer Protection Act (TCPA): 198 cases filed (143 as class actions, representing 72.2% of filings), an 11.9% increase from July, but approximately 14.7% below August 2025. Despite the year-over-year monthly decline, TCPA filings remain up 20.2% YTD.
  • Consumer Financial Protection Bureau (CFPB) Complaints: 20,953 complaints submitted in August, a 17.4% decrease from July and approximately 23.8% below August 2025. Nevertheless, CFPB complaints remain up 19.6% YTD compared to 2025.
  • Unique Plaintiffs: Approximately 1,299 unique plaintiffs, including multiple plaintiffs in one suit.
  • Repeat Filers: About 472 of those plaintiffs, or 36%, had previously sued under consumer statutes.
  • Year-to-Date (YTD) Totals: 10,969 total lawsuits filed through August 2026, including 3,000 FDCPA, 7,274 FCRA, and 1,907 TCPA cases. Compared to the same period in 2025, FCRA filings are up 42.4%, TCPA filings are up 20.2%, and FDCPA filings are up 10.2%. CFPB complaints are also up 19.6% YTD.

Most Active Courts

  • Georgia Northern District Court – Atlanta (117 lawsuits)
  • Illinois Northern District Court – Chicago (113)
  • California Central District Court – Western Division – Los Angeles (84)
  • California Central District Court – Southern Division – Santa Ana (67)
  • Florida Middle District Court – Tampa (52)
  • Michigan Eastern District Court – Detroit (43)
  • Texas Southern District Court – Houston (42)
  • Texas Western District Court – Austin (40)
  • California Southern District Court – San Diego (38)
  • Texas Eastern District Court – Sherman (37)

Top States for CFPB Complaints

  • Texas (3,492 complaints)
  • Florida (2,271)
  • California (1,644)
  • Georgia (1,602)
  • North Carolina (870)
  • New York (841)
  • South Carolina (736)
  • Mississippi (726)
  • Pennsylvania (666)
  • Illinois (662)

August’s statistics reinforce the volatility that has characterized consumer litigation throughout 2026 while also making the broader trend increasingly difficult to ignore. FCRA filings declined from July but remain more than 40% above 2025 levels YTD, while FDCPA filings are on pace for a second consecutive year of meaningful growth following a prolonged period of declining litigation. TCPA filings went back up during the month, and the return of class actions to more than 70% of overall filings underscores the continued outsized exposure associated with the statute. Although CFPB complaints declined for the second consecutive month and were below August 2025 levels, complaint activity remains materially elevated for the year as a whole.

With all four categories continuing to track above their 2025 YTD totals, consumer financial services companies should continue to treat the monthly swings as short-term fluctuations rather than evidence of a broader easing in litigation risk. Maintaining robust compliance programs, monitoring complaint and filing trends, and remaining prepared for sustained litigation exposure will continue to be important as 2026 moves into its final months.