Author Archives: Jeff Sovern

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 […]

Why I’m Not Signing Up For Equifax’s Free Credit Monitoring Service: The Arbitration Clause Still Worries Me

by Jeff Sovern I'm still trying to make sense of the arbitration situation in connection with the Equifax breach.  Here is how I see it at the moment. Comments welcome. Our story so far: after hackers invaded the Equifax database, Equifax set up a web site (that is the current version of the web site; […]

Am Banker: Equifax breach may kill repeal of CFPB mandatory arbitration rule

Here . Excerpt: The Equifax revelations come at exactly the wrong time for Republicans, who had been hoping as late as Thursday to rapidly push ahead next week on a vote to overturn the rule. * * * * * * The Equifax breach—and its controversial mandatory arbitration clause—could push some . . . Republicans […]

The Equifax Data Breach and How Equifax is Stealthily Using Arbitration to Defeat Claims by Injured Consumers

by Jeff Sovern Scott posted yesterday about the Equifax data breach, which may end up being as significant a consumer scandal as the Wells Fargo unauthorized account fiasco.  As has been pointed out elsewhere, the disclosure of the Equifax announcement is extraordinary, coming on the same day Congress considered a bill to limit damages against […]