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Category Archives: Arbitration
by Jeff Sovern I don't know anyone who likes getting a shot. One of my daughters, as a small girl, would hide under chairs at the pediatrician's office to avoid them, which by the way, was not an effective strategy. But most of us are willing to get stuck with needles if the payoff is large […]
by Jeff Sovern Marc James Ayers of Bradley Arant Boult Cummings LLP has posted an item, Can the CFPB really prohibit pre-dispute arbitration agreements? in which he wrote: [S]hould the CFPB independently decide to adopt regulations limiting or prohibiting the use of pre-dispute arbitration agreements relating to consumer finance, that regulation could be seen as an […]
Shauhin A. Talesh of Irvine has written Institutional and Political Sources of Legislative Change: Explaining How Private Organizations Influence the Form and Content of Consumer Protection Legislation, 39 Law and Social Inquiry 973 (2014 ). Here's the abstract: This article explores how private organizations influence the content and meaning of consumer protection legislation. I examine […]
by Jeff Sovern Last Friday, I posted a comment on Alan Kaplinsky’s remarks, quoted in the Bloomberg Business story, Bank Customers May Get Their Day in Court, about the CFPB arbitration report. Alan replied in a post captioned “Sovern v. Kaplinsky.” Here I offer a rebuttal. In my original post, I expressed the view that […]
by Jeff Sovern BloombergBusiness columnist Carter Dougherty has a story, Bank Customers May Get Their Day in Court, about the CFPB arbitration report. Dougherty writes: In its report, the CFPB noted that there were just 52 arbitration claims under $1,000 in 2010 and 2011, and consumers won relief in just four of them. Says [Deepak] […]
Prolific class action scholar (and former Scalia clerk) Brian Fitzpatrick of Vanderbilt Law has just posted to SSRN an interesting new paper foreseeing and lamenting the effects of his former boss's handiwork in AT&T Mobility v. Concepcion and American Express v. Italian Colors (both cases in which I had the privilege of representing the losing […]
Here. An excerpt: In the Big Business narrative, arbitration is a far better place for consumers than a nasty-wasty court. Lack of choice is a better choice! Well, this week, a big, fat government report blew that fiction away. * * * Companies, it turns out, weren't using mandatory arbitration clauses to protect us. […]
The following consumer advocates will be live-tweeting today's CFPB field hearing on arbitration, which gets underway at 11am. Ellen Taverna, NACA – @NACAdvocate Christine Hines, Public Citizen – @chrhines Michelle Schwartz, Alliance for Justice – @SchwartzAFJ NCLC – @NCLC4consumers AFR – @realbankreform You should also be able to watch a web livestream of the hearing here.
Here's the text of CFPB Director Richard Cordray's remarks on the arbitration report, to be delivered at today's field hearing in Newark. He summarizes the legal backdrop to the Bureau's report, its empirical approach, and its key findings (which I've highlighted in bold). Well worth reading in full. Prepared Remarks of Richard Cordray Director […]