Author Archives: Jeff Sovern

Who Are the “leading scholars” Who Senator Crapo Said Have Criticized the CFPB Arbitration Study “as biased and inadequate”?

by Jeff Sovern Yesterday, the Senate Banking Committee released a press release that said in part: Today, U.S. Senate Committee on Banking, Housing and Urban Affairs Chairman Mike Crapo (R-Idaho) and Republican colleagues will file a Congressional Review Act (CRA) Joint Resolution of Disapproval in the Senate against the Consumer Financial Protection Bureau’s (CFPB) arbitration […]

Conservative Commentator Argues Against CRA Challenge to CFPB Arbitration Rule

Dean Clancy in US News has written The GOP's Foolish Decision. Excerpt: The U.S. Chamber of Commerce urged Congress to kill not only [the arbitration] regulation, but every CFPB rule, on grounds the agency is unconstitutional and therefore all of its actions are invalid. The GOP would be terribly foolish to go down this road, […]

David Dayen: MORE TRUMP POPULISM: HIRING A BANK LAWYER TO ATTACK CFPB BANK RULES

Here, in The Intercept. Excerpt: Trump has sent out his lead attack dog to overturn the arbitration rule — a former bank lawyer who has used the very tactic the CFPB wants to prevent. [Dayen describes how Wells Fargo attempted to use arbitration to deflect a class action in  Gutierrez v. Wells Fargo.] * * * […]

The Arbitration Empire Strikes Back!

by Jeff Sovern In keeping with Justice Gorsuch's remark yesterday that  "Democracy depends on our ability to learn from & work with those who hold very different convictions than our own," here is a partial report on the activities of arbitration supporters: The Chamber of Commerce is holding an event titled CFPB's Anti-Arbitration Rule: Analysis […]

Report that CFPB Arbitration Rule to Be Published in Federal Register Tomorrow, Starting Two Clocks

by Jeff Sovern Under the Congressional Review Act, Congress will have 60 legislative days to overturn the rule.  The rule can also be blocked by the FSOC, and for that to happen, an FSOC member must file a petition within ten days of publication of the rule. Given the opposition of Acting Comptroller of the […]

Paul Bland Reports on Natural Experiment That Shows Arbitration, Unlike Class Actions, Leaves Consumers Unprotected

In the Daily Kos, Paul has written Settlement Shows Why Congressional Republicans Want to Let Banks Use Forced Arbitration.  Excerpt: [R]oughly 1/3 of the customers impacted by US Bank’s illegal actions had signed an arbitration clause when they entered into a conditional sale contract with their car dealer. The arbitration clause included a provision that […]

AFR/CRL Poll Shows Strong, Bipartisan Support for CFPB

Here.  Excerpt from their statement: The mission of the CFPB, created in 2010 to shield consumers from shady industry practices, is extremely popular, with 74 percent of voters backing its work. The poll shows majority support from Democrats (85 percent), Republicans (66 percent), and Independents (77 percent). The Dodd Frank reforms writ large are supported […]