FCRA, FDCPA, TCPA Filings Are Surging — Are Your Defenses Ready?

Cozen O'Connor
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Cozen O'Connor

The Filing Wave Isn’t Coming — It’s Here

The second quarter of 2025 delivered a noticeable uptick in consumer protection lawsuits targeting banks and other financial institutions. FCRA filings jumped about 12% year-over-year, TCPA cases spiked as much as 39% in certain jurisdictions, and FDCPA/Rosenthal claims continue their climb. On top of that, CFPB complaint data mirrors this trend: more disputes over credit reporting accuracy, debt collection communications, and call frequency.

So, what does this mean for your bank or financial institution? Simply put: the plaintiffs’ bar is coming at you aggressively, often using technical violations as leverage. And they are doing it in massive volumes.

Why This Matters

Some patterns are familiar:

  • Boilerplate complaints are being recycled across multiple lenders.
  • Jurisdiction shopping is becoming a common tactic.
  • Nuisance-value settlements are the goal in a surprisingly large number of filings.

These are not just statistics – they reflect strategic behavior that can catch unprepared banks off guard.

Defensive Moves You Can Make Now

  1. Audit for the small stuff. Go beyond the obvious compliance checklist. Review call logs, consent systems, and credit reporting workflows to plug technical holes that could become litigation triggers.
  2. Identify high-risk claims early. Know your repeat-filer consumers and the law firms representing them. Early identification lets you set your posture from day one.
  3. Push for early dismissal when you can. TransUnion v. Ramirez and similar precedents give you a real shot at eliminating weak claims before discovery bloats costs.
  4. Follow the filing trends. Track cases by jurisdiction, statute, and plaintiff to anticipate where the next wave might hit. Knowledge is power here.

Bottom Line

The banks best positioned to weather this surge are proactive, not reactive. Take the time now to audit, triage, and track – your litigation posture and your bottom line will thank you.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Cozen O'Connor

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