Consumer litigation activity produced another month of mixed results in September 2026, with WebRecon’s latest data reflecting continued fluctuations across the major consumer protection statutes. Fair Credit Reporting Act (FCRA) filings increased 11.9% from August, while Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA) filings declined 1.9% and 3.5%, respectively. Consumer Financial Protection Bureau (CFPB) complaints totaled 21,410 during the month. Despite these mixed monthly movements, year-to-date (YTD) figures across all four categories remain above 2025 levels, with FCRA filings up 43.8%, TCPA filings up 13.4%, FDCPA filings up 7.2%, and CFPB complaints up 14.2%. These figures reinforce that the broader consumer litigation environment remains elevated as 2026 enters its final quarter.
Two features of the current litigation landscape remain particularly noteworthy. TCPA class actions continued to represent a substantial majority of filings, accounting for 68.6% of all TCPA cases in September, down from 72.2% in August but still reflecting significant class action exposure. Repeat plaintiffs also remained a consistent presence, with approximately 37% of individuals filing consumer protection lawsuits during the month having previously brought similar actions. Additionally, FDCPA litigation remains on track for a potential second consecutive year of increases following approximately a decade of declining filing activity. Together, these trends underscore the continued litigation risks facing companies operating in the consumer financial services space.
Key Statistics
· Fair Credit Reporting Act (FCRA): 1,083 cases filed in September (10 as class actions, representing 0.9% of filings), an 11.9% increase from August. FCRA filings remain up 43.8% YTD compared to 2025.
· Fair Debt Collection Practices Act (FDCPA): 357 cases filed (34 as class actions, representing 9.5% of filings), a 1.9% decrease from August. FDCPA filings remain up 7.2% YTD compared to 2025.
· Telephone Consumer Protection Act (TCPA): 191 cases filed (131 as class actions, representing 68.6% of filings), a 3.5% decrease from August. TCPA filings remain up 13.4% YTD compared to 2025.
· Consumer Financial Protection Bureau (CFPB) Complaints: 21,410 complaints submitted in September. CFPB complaints remain up 14.2% year to date compared to 2025.
· Unique Plaintiffs: Approximately 1,354 unique plaintiffs, including multiple plaintiffs in one suit.
· Repeat Filers: About 497 of those plaintiffs, or 37%, had previously sued under consumer statutes.
· Year-to-Date (YTD) Totals: WebRecon reported 12,362 total lawsuits filed through September 2026, with 3,342 FDCPA, 8,329 FCRA, and 2,096 TCPA filings recorded across the respective statutory categories. All three categories remain above their respective 2025 YTD totals, with FCRA up 43.8%, TCPA up 13.4%, and FDCPA up 7.2%. CFPB complaints also remain elevated, up 14.2% compared to the same period in 2025.
Most Active Courts
· Georgia Northern District Court – Atlanta (153 lawsuits)
· Illinois Northern District Court – Chicago (84)
· California Central District Court – Western Division – Los Angeles (77)
· California Central District Court – Southern Division – Santa Ana (58)
· Florida Middle District Court – Tampa (50)
· Michigan Eastern District Court – Detroit (47)
· Texas Eastern District Court – Sherman (46)
· Ohio Northern District Court – Cleveland (45)
· Texas Southern District Court – Houston (40)
· Florida Middle District Court – Orlando (37)
Top States for CFPB Complaints
· Texas (3,610 complaints)
· Florida (2,216)
· Georgia (1,796)
· California (1,382)
· North Carolina (910)
· Mississippi (790)
· New York (772)
· Pennsylvania (766)
· Illinois (680)
· South Carolina (652)
September’s statistics reinforce the persistently elevated nature of consumer litigation in 2026, despite continued month-to-month volatility. FCRA filings increased for the second time in three months and remain nearly 44% above 2025 levels year to date, underscoring the continued growth of credit reporting litigation. Although FDCPA and TCPA filings declined modestly during September, both remain above their year-ago baselines, with FDCPA litigation potentially marking its second consecutive year of growth after a prolonged period of declining activity. TCPA class actions also continue to present disproportionate exposure, accounting for more than two-thirds of all filings during the month. Meanwhile, CFPB complaint activity remains elevated year to date despite recent monthly fluctuations. With all four categories continuing to exceed their 2025 year-to-date totals, consumer financial services companies should maintain robust compliance programs, proactively monitor litigation and complaint trends, and remain prepared for sustained consumer litigation risk as the year draws to a close.