Category Archives: Arbitration

Ware Article on The Politics of Arbitration and Centrist Proposals

Stephen J. Ware of Kansas has written The Politics of Arbitration Law and Centrist Proposals for Reform, 53 Harvard Journal on Legislation (2016).  Here is the abstract: Arbitration law in the United States is far more controversial when applied to individuals than to businesses. While enforcement of arbitration agreements between businesses sometimes raises legal issues that […]

My Arbitration Op-ed in the Pittsburgh Post-Gazette

Here.  Excerpt: * * * Affected businesses are likely to sue (in court, ironically) to try to block [the CFPB arbitration proposal]. In a move that conjures up the famous scene from “Blazing Saddles” in which Cleavon Little takes himself hostage, the financial industry has threatened to abandon consumer arbitration altogether if the regulation takes […]

House Financial Services Committee Chair Hensarling Releases Bill To Cripple Consumer Protection

by Jeff Sovern Hensarling calls the bill the Financial Choice Act.  Make America Great for Banks Act is closer to the truth. Based on a quick look, the bill would give bank lobbyists power over the CFPB by subjecting it to the appropriations process, increase the likelihood of deadlocks by turning the Bureau into a commission, […]

Center for Progressive Reform: Regulating Forced Arbitration in Consumer Financial Services: Re-Opening the Courthouse Doors to Victimized Consumers

Martha T. McCluskey of SUNY Buffalo, Thomas Owen McGarity of Texas, Sidney A. Shapiro of Wake Forest, and James Goodwin and Mollie Rosenzweig, both of the Center for Progressive Reform, have written Regulating Forced Arbitration in Consumer Financial Services: Re-Opening the Courthouse Doors to Victimized Consumers.  Here's the abstract: Forced arbitration clauses have become almost unavoidable […]

House Appropriations Committee Votes to Cripple CFPB

by Jeff Sovern Yesterday the House Appropriations Committee reported out a bill that would convert the Bureau to a commission, subject it to the congressional appropriations process, and delay (perhaps forever) the adoption of the arbitration and payday lending rules.  More information on the Committee's web site.

House Continues War on Consumer Protection

by Jeff Sovern The House Committee on Appropriations Subcommittee on Financial Services has released the draft of a bill it is considering that would hamstring the CFPB and at least temporarily preserve pre-dispute arbitration clauses, among other things. Here is how the Subcommittee describes the CFPB portion of the bill: The bill includes a provision […]