Author Archives: Jeff Sovern

CFPB Petitions DC Circuit for Rehearing En Banc of PHH Case Holding CFPB Structure Unconstitutional

PHH was the case that held that the CFPB's structure is unconstitutional and that the remedy was to provide that the CFPB director could be fired without cause.   The petition is here.  It describes that case as "what may be the most important separation-of-powers case in a generation." National Law Journal coverage (behind paywall) here.  […]

AAJ: Forced Arbitration: How Corporations Use the Fine Print to Bully Americans

Here.  And here is the abstract: Though few realize it, forced arbitration clauses are endemic in today’s marketplace — hidden in credit card agreements, bank accounts, corporate social media pages, even Starbucks gift cards. More than half a billion arbitration provisions infiltrate our everyday lives. Despite their prevalence, few consumers are aware of the forced […]

Trump’s Transition Team: Dismantle Dodd-Frank

The statement is here.  Excerpt: * * * Federal policy should focus on free enterprise, while protecting consumers by policing markets for force and fraud.  Both Wall Street and Washington should be held accountable.  Following the financial crisis, Congress enacted the Dodd-Frank Act, a sprawling and complex piece of legislation that has unleashed hundreds of […]

Paul Bland: The Swamp on Steroids: Trump’s Plan to Repeal Dodd-Frank Will Enable Corruption

Here.  The whole piece is worth reading, but here's an excerpt: Donald Trump’s Presidential campaign was filled with a lot of bold talk about “draining the swamp” and fighting against lobbyists. He attacked Hillary Clinton for her supposed cozy relationship with banks, and talked about how he’d stand up to Wall Street on behalf of the […]

Study: What Are Student Loan Borrowers Thinking? Insights From Focus Groups on College Selection and Student Loan Decision Making

Here (costs $48), form the Journal of Financial Counseling and Planning. Here's the abstract: This study used data from online focus groups collected from November 2014 to April 2015 to understand college students' decision-making processes when borrowing money to finance their education. Data were collected using an online course management system. Results suggest that (a) students […]

Bloomberg BNA: Trump Presidency Creates Uncertainty for Arbitration Rules

Here. The entire article is worth reading, but I've pasted in an excerpt below.  (HT: Gregory Gauthier) “Trump and his businesses seem to have been big proponents of arbitration, using it as a way of getting disputes out of courts and therefore out of the public eye,” defense attorney Liz Kramer told Bloomberg BNA. Kramer, of Stinson […]

American Banker: CFPB’s Precarious Future Under Trump

Here (free content, I think). Excerpt: While Republican lawmakers are likely to focus on efforts to replace the agency's single director with a bipartisan five-member commission, as well as subject it to the Congressional appropriations process, Trump may seek to take more immediate action once he takes office in January. Some said he could either pressure […]

Law360: House GOP To Drive Trump’s Banking Policies

Here (behind paywall).  Excerpt: While his lack of clarity has left many in the financial services industry wondering what Trump’s win will mean, the presence of Pence in the No. 2 spot is likely to provide a good clue. * * * “He’s going to be in an enormously powerful position to influence policy,” Lynyak […]