Author Archives: Brian Wolfman

Consumer Financial Protection Bureau issues 50-state report on student-loan debt

From the CFPB: Over the past five years, student loan borrowers across the country have turned to us to submit complaints about the struggles they face when repaying their student loans. We have handled more than 50,000 student loan related complaints describing servicing breakdowns, debt collection hurdles, and “debt relief.” These complaints help us to […]

Coverage of the congressional override of the CFPB arbitration rule

Note the wording of the headlines in some of the press coverage. This one – Wall Street wins big as Senate votes to roll back regulation allowing consumers to sue their banks — seems right in part. Yes, Congress's decision to kill the CFPB's arbitration rule may be seen as a big win on Wall Street, at […]

Trump’s Treasury Department issues report going after the CFPB’s arbitration rule

The Treasury Department's report is called Limiting Consumer Choice, Expanding Costly Litigation: An Analysis of the CFPB Arbitration Rule. The first sentence of the report's conclusion (on page 17 of the report) would be laughable if the topic — access to the courts — were not so serious: "The Bureau’s Rule would upend a century of federal […]

Scalia and arbitration law

That's the topic of The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court by law prof. Katherine Stone. Here's the abstract: Arbitration clauses have become a pervasive feature of modern life. The expanding scope of arbitration has become a cause for alarm amongst consumer and worker advocates, who see it as […]

CFPB student-loan ombudsman issues report on agency’s enforcement activity

The Consumer Financial Protection Bureau's student-loan ombudsman has issued his annual report. It finds that while the agency has made progress in making the student-loan repayment process fairness, serious problems remain. [C]omplaints by student loan borrowers have driven actions that have produced more than $750 million in relief for student loan borrowers and strengthened the student loan […]

Want to try to limit your vulnerability to telemarketers, online data miners, and the like?

Allen St. John at Consumer Reports has written 6 Easy Opt-Outs to Protect Your Privacy. This article reviews opt-outs such as the national do-not-call registry and a few industry-specific opt-outs to prevent the spread of personal information (for instance, one that applies to major banks and another that will get you off lists to receive "pre-approved" credit […]

CFPB payday loan rule is good for the states

That's what Georgetown law prof. Anne Fleming has to say in her Washington Post op-ed Federal regulation of payday loans is actually a win for states’ rights. It includes this defense of federal regulation: Critics of the CFPB rule, such as House Financial Services Committee Chairman Jeb Hensarling (R-Tex.), argue that federal regulation of these loans […]

If proved, would the alleged Trump “University” scam make Trump impeachable?

That's the topic of Trump University and Presidential Impeachment by law prof Chris Peterson. Here's the abstract: In the final weeks of the 2016 Presidential campaign Donald J. Trump faced three lawsuits accusing him of fraud and racketeering. These ongoing cases focus on a series of wealth seminars called “Trump University” which collected over $40 million from […]

Read new National Consumer Law Center publications on forced arbitration

Though consumer arbitration proponents and courts often justify pre-dispute mandatory arbitration (PDMA) through the language of consent — that consumers contract with corporations freely and knowingly — opponents of PDMA understand that PDMA is forced down consumers' throats. With these two visions of arbitration in mind, you may want to read two new issue papers […]