In an opinion piece in the Washington Post, Eric Wemple explains: A 2015 investigative series [by the New York Times] documented how such clauses have become increasingly common in many kinds of contracts, leaving consumers at the mercy of an arbitration regime often predisposed against their interests. Subsequent coverage, on both the news and editorial […]
Category Archives: Arbitration
The New York Times reports: Until last month, a class-action lawsuit by Tesla owners looked as if it would reveal new details about the carmaker’s self-driving technology, which has been blamed for serious accidents and deaths. But then Tesla deployed a legal strategy that has allowed it to avoid the kind of attention-grabbing lawsuits other […]
by Jeff Sovern As the American Banker's Kate Berry reported (behind a paywall but available on Lexis), the CFPB's Spring Regulatory Agenda has been posted to the OMB's web site, rather than, as has been the Bureau's practice, the CFPB web site. Here it is: Prerule stage – Consumer Access to Financial Records, 3170-AA78 Proposed […]
by Jeff Sovern I am grateful to Alan Kaplinsky for commenting on two of my earlier posts, Whither Arbitration Regulation? and Why the CFPB is right that it can act against discrimination using its unfairness power. One of Alan’s posts is titled Why the CFPB’s expansion of its UDAAP authority to target discrimination requires rulemaking. In the other […]
by Jeff Sovern Every six months, the CFPB director testifies before the Senate Banking Committee and the House Financial Services Committee. Each committee member gets five minutes to question the director, a process that collectively takes hours and this last time covered a wide variety of topics, including topics over which the CFPB lacks power, […]
by Jeff Sovern Probably my favorite podcast is Ballard Spahr's Consumer Finance Monitor Podcast. I learn a tremendous amount from it. Yes, it favors the industry view, as it is certainly entitled to do, but many episodes are devoted to interviewing consumer advocates as well. If you don't listen to it, and you like this […]
by Jeff Sovern The Chamber of Commerce has released a study about arbitration. I paste in immediately below the relevant portion of the press release, and then I identify some methodological issues with the study. A new study released today by the U.S. Chamber of Commerce Institute for Legal Reform found that consumers and employees […]
by Jeff Sovern Earlier this week, the Senate Banking Committee held a hearing on consumer arbitration clauses. The consumer side was ably represented by Paul Bland, Myriam Gilles, and Remington Gregg. I want to say something about the arguments put forth at the hearing by Senator Toomey and Professor Todd Zywicki. Professor Toomey argued that […]
Amy J. Schmitz of Ohio State has written Will the United States Remain Exceptional in Enforcing Predispute Arbitration Clauses in Consumer Contexts? MARC. Revista de Medios Alternativos de Resolución de Conflictos, no 2, 34-39 (August 2021) at Venezuelan American Chamber of Commerce and Industry. Here’s the abstract: American exceptionalism” has been used to reference the […]
by Jeff Sovern Bloomberg reports that the House will vote this month on the FAIR Act, a bill to bar arbitration clauses in consumer and employment contracts. The House last passed a similar bill in 2019. The Senate Banking Committee will hold a hearing on arbitration Tuesday. The stumbling block to congressional action remains the […]