Author Archives: Jeff Sovern

LA Times’s David Lazarus: Despite Equifax hack, GOP lawmakers want to deregulate credit agencies

Here.  The whole column is definitely worth a read, but here's an excerpt: The FCRA Liability Harmonization Act is particularly noxious. Authored by Rep. Barry Loudermilk (R-Ga.), the bill would cap actual and statutory damages for class actions involving credit agencies at $500,000, and completely eliminate punitive damages. Loudermilk said Friday that his bill “is […]

Have the Arbitration Sharks Jumped the Shark?

by Jeff Sovern On Saturday, I posted an entry, Kaplinsky & Levin Concede "Consumers rarely pursue individual arbitration" But Miss Mark on Why. Maybe it irritated Alan and Mark, because they then posted Professor Sovern Disagrees with Senator Warren and Concedes that Consumers Do Well in Arbitration But Raises Another Red Herring. I guess I […]

Kaplinsky & Levin Concede “Consumers rarely pursue individual arbitration” But Miss Mark on Why

by Jeff Sovern Earlier this week, Senator Elizabeth Warren issued a press release about the responses she had received from Bank CEOs to her questions about the CFPB's arbitration rule, Responses from Bank CEOs Demonstrate Positive Impact of CFPB Arbitration Rule, Undermine Industry Case for Reversal.  The press release contains a lot of interesting information, […]

House Again Passes Bill to Put Consumer Protection at Risk, This Time, In an Appropriations Bill

by Jeff Sovern Yesterday, the House passed an appropriations bill that incorporates provisions from the Financial Choice Act that would cripple the CFPB.  According to Law360: The base bill would make a number of changes to the CFPB, including bringing it under the purview of the normal appropriations process. In addition, the bill would remove […]

House Dems Also Seek Answers on Equifax Breach, Arbitration Clause

by Jeff Sovern Brian posted earlier about a letter from senators on the Equifax breach. Not to be outdone, the two dozen Democrats on the House Energy and Commerce Committee have written their own letter to Equifax, raising numerous questions about the breach. Among them are queries about the Equifax's arbitration clause, security freeze, credit monitoring services, […]

Some Comments on Recent Op-Eds Opposing the CFPB Arbitration Rule

by Jeff Sovern I wanted to comment on a couple of op-eds opposing the CFPB arbitration rule.  One is Joseph Cioffi's piece in the American Banker, headlined CFPB arbitration rule will still pose costs to consumers.  Though Cioffi (Chair of the Insolvency, Creditors’ Rights & Financial Products Practice Group at Davis & Gilbert) sees the arbitration rule as […]