February 2026 Litigation Update: TCPA Surges While Other Consumer Statutes Cool, YTD Figures Remain Elevated

Consumer litigation activity presented a different picture than usual last month, with WebRecon’s February 2026 data showing that the Telephone Consumer Protection Act (TCPA) was the sole statute to record a monthly increase, while other major categories saw a decline. TCPA filings rose 33.3% from January, reaching 292 cases, the highest monthly total so far this year. In contrast, filings under the Fair Debt Collection Practices Act (FDCPA) fell 11.1%, and Fair Credit Reporting Act (FCRA) cases declined 5.9%. Complaints submitted to the Consumer Financial Protection Bureau (CFPB) also dropped, falling 13.6% from January’s elevated total. Despite these monthly declines, figures across all four categories remain well ahead of 2025 levels both for the month and year-to-date (YTD), suggesting that February’s pullback reflects short-term volatility rather than a meaningful reversal of the elevated litigation environment that has defined the past year.

Two features of the current litigation landscape continued to stand out in February. TCPA class actions maintained their historically elevated trajectory, comprising 72.3% of all TCPA filings, a proportion that amplifies financial exposure well beyond what monthly filing counts alone would suggest. Repeat plaintiffs also remained a significant presence, with approximately 42% of individuals filing suit in February having previously brought at least one consumer protection action. Together, these dynamics reinforce that even months marked by declining volume can carry substantial litigation risk for financial services companies operating in the consumer space.

Key Statistics

  • Fair Credit Reporting Act (FCRA): 783 cases filed in February (15 as class actions, representing 1.9% of filings), a 5.9% decrease from January, but a 28.2% increase compared to February 2025.
  • Fair Debt Collection Practices Act (FDCPA): 352 cases filed (8 as class actions, representing 2.3% of filings), an 11.1% decrease from January, but a 10.7% increase compared to February 2025.
  • Telephone Consumer Protection Act (TCPA): 292 cases filed (211 as class actions, representing 72.3% of filings), a 33.3% increase from January, and a 49.0% increase compared to February 2025.
  • Consumer Financial Protection Bureau (CFPB) Complaints: 27,567 complaints submitted in February, a 13.6% decrease from January but a 55.2% increase compared to February 2025.
  • Unique Plaintiffs: Approximately 1,161 unique plaintiffs (including multiple plaintiffs in one suit).
  • Repeat Filers: About 490 of those plaintiffs, or 42%, had previously sued under consumer statutes.
  • Year-to-Date (YTD) Totals: 2,544 total lawsuits filed through February 2026, including 748 FDCPA, 1,615 FCRA, and 511 TCPA. All categories remain above their respective 2025 YTD totals, with TCPA up 26.8%, FDCPA up 18.5%, and FCRA up 37.4%.

Most Active Courts

  • Georgia Northern District Court – Atlanta (125 Lawsuits)
  • California Central District Court – Western Division – Los Angeles (92)
  • Illinois Northern District Court – Chicago (72)
  • Florida Middle District Court – Tampa (46)
  • California Southern District Court – San Diego (37)
  • California Central District Court – Southern Division – Santa Ana (33)
  • Texas Northern District Court – Dallas (30)
  • Florida Southern District Court – Fort Lauderdale (29)
  • Texas Southern District Court – Houston (29)
  • Pennsylvania Eastern District Court – Philadelphia (28)

Top States for CFPB Complaints

  • Texas (4,510 Complaints)
  • Florida (3,229)
  • California (2,514)
  • Georgia (2,502)
  • South Carolina (1,211)
  • North Carolina (1,085)
  • New York (1,000)
  • Pennsylvania (947)
  • Illinois (903)
  • New Jersey (690)

February’s data illustrates the uneven but persistently elevated nature of consumer litigation risk heading into the spring. While FDCPA and FCRA filings retreated from January’s strong start, their year-over-year increases confirm that plaintiffs’ counsel remain actively engaged across traditional consumer protection statutes. TCPA, meanwhile, surged to its highest monthly total of the year, driven in large part by class action filings that continue to dominate the statute and amplify exposure for any company communicating with consumers by phone or text. CFPB complaint volume, though down from January’s peak, remains more than 55% above February 2025 levels. With all four categories tracking meaningfully above their year-ago baselines, consumer finance companies should not interpret monthly fluctuations as any indication of easing risk. Maintaining robust compliance programs, proactive complaint monitoring, and litigation readiness remains essential as the 2026 litigation environment continues to evolve.

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