Consumer litigation activity pulled back across the board in May 2026, with WebRecon’s latest data showing a near-mirror image of April’s results. After every major statute posted gains the prior month, filings fell across the three primary consumer protection statutes in May. TCPA filings dropped 18.2%, FDCPA declined 9.8%, and FCRA fell 8.2%. CFPB complaints were the lone exception, edging up 1.1% from April. Despite this monthly retreat, year-to-date figures across all four categories remain solidly ahead of 2025 levels, indicating that May’s pullback reflects short-term volatility rather than any meaningful easing of the elevated litigation environment that has defined the year so far.
Two features of the current litigation landscape continued to stand out in May. TCPA class actions remained at a historically extraordinary level, comprising 80% of all TCPA filings, a proportion that amplifies financial exposure well beyond what the monthly filing count alone would suggest. Repeat plaintiffs also remained a significant presence, with approximately 40% of individuals filing suit in May having previously brought at least one consumer protection action. Together, these dynamics reinforce that even months marked by declining filing volume can carry substantial litigation risk for financial services companies operating in the consumer space.
Key Statistics
· Fair Credit Reporting Act (FCRA): 894 cases filed in May (52 as class actions, representing 5.8% of filings), an 8.2% decrease from April, but a 33.6% increase compared to May 2025.
· Fair Debt Collection Practices Act (FDCPA): 407 cases filed (37 as class actions, representing 9.1% of filings), a 9.8% decrease from April, but a 4.6% increase compared to May 2025.
· Telephone Consumer Protection Act (TCPA): 270 cases filed (216 as class actions, representing 80% of filings), an 18.2% decrease from April, but a 35.7% increase compared to May 2025.
· Consumer Financial Protection Bureau (CFPB) Complaints: 27,319 complaints submitted in May, a 1.1% increase from April and a 12.9% increase compared to May 2025.
· Unique Plaintiffs: Approximately 1,334 unique plaintiffs (including multiple plaintiffs in one suit).
· Repeat Filers: About 531 of those plaintiffs, or 40%, had previously sued under consumer statutes.
· Year-to-Date (YTD) Totals: 6,974 total lawsuits filed through May 2026, including 2,020 FDCPA, 4,414 FCRA, and 1,398 TCPA. All categories remain above their respective 2025 YTD totals, with FCRA up 42.8%, TCPA up 29.6%, and FDCPA up 14.7%. CFPB complaints also remain elevated, with 147,795 filed through May, up 34.8% compared to the same period in 2025.
Most Active Courts
· Georgia Northern District Court – Atlanta (84 lawsuits)
· California Central District Court – Western Division – Los Angeles (79)
· Illinois Northern District Court – Chicago (62)
· Florida Middle District Court – Tampa (54)
· California Central District Court – Southern Division – Santa Ana (43)
· Texas Northern District Court – Dallas (42)
· Florida Southern District Court – Miami (39)
· California Southern District Court – San Diego (37)
· Florida Middle District Court – Orlando (35)
· California Eastern District Court – Sacramento (34)
Top States for CFPB Complaints
· Texas (4,847 complaints)
· Florida (2,923)
· California (2,117)
· Georgia (2,035)
· North Carolina (1,266)
· Illinois (1,045)
· New York (1,044)
· South Carolina (1,010)
· Pennsylvania (929)
· Alabama (854)
May’s numbers reinforce just how uneven month-to-month consumer litigation has been in 2026, although the year’s elevated baseline holds steady. FDCPA, FCRA, and TCPA filings all cooled from April’s gains, but each remains meaningfully above its May 2025 total, signaling that plaintiffs’ counsel continue to actively pursue claims across every major consumer protection statute. TCPA filings in particular continue to carry outsized exposure given that 80% of filings were brought as class actions. Meanwhile, CFPB complaints have continued to rise both month-over-month and by nearly 13% year-over-year, a reminder that the complaint channel remains an active source of regulatory and reputational risk even as underlying lawsuit volume fluctuates. With all four categories tracking well above their year-ago baselines through the first five months of 2026, consumer finance companies should maintain robust compliance programs, proactive complaint monitoring, and litigation readiness as the year progresses.