Here.
Category Archives: Consumer Financial Protection Bureau
by Jeff Sovern In a recent American Banker essay, I argued that businesses praise arbitration not because they genuinely value it, but because it enables them to block class actions. I said that for two reasons: first, that if businesses truly believe arbitration is superior to litigation, as they say they do, they should prefer […]
Here. Excerpts: [T]he U.S. Chamber of Commerce, the most powerful business lobby in the country, started a new effort to block the Consumer Financial Protection Bureau by lobbying lawmakers to attach a rider to the federal budget bill that would force the regulator to conduct a new study before issuing any rule, according to people […]
by Jeff Sovern Here. Excerpt: [C]ompanies can use class action waivers to block consumer protection laws unless consumer protection laws find a way to block class action waivers. * * * Last month, the bureau made public a proposal to block class action waivers in arbitration clauses. A leading advocate for arbitration in the financial […]
Allison posted yesterday about the anti-CFPB ad. The American Banker's Rachel Witkowski and Rob Blackwell have more here. Among their reasons for saying it could backfire: "the ad is over the top;" "Consumer credit isn't tighter since the CFPB's creation;" and "The ad's sponsor has connections to a company under investigation by the CFPB."
Here. The entire essay is worth reading, but here's an excerpt to whet your appetite: The latest industry-sponsored bill would fundamentally change the structure of the CFPB by replacing the agency's single, independent director with a commission of political appointees. * * * [T]he agency is working, which may be exactly why the big […]
by Jeff Sovern Did Congress give the CFPB the power to ban or regulate arbitration clauses in consumer financial contracts? Not according to a Pepper Hamilton partner, according to a pair of recent reports. Here's an excerpt from a piece at credit.com. The CFPB’s Arbitration Ban Could Be the Next Supreme Court Showdown: “It comes down […]
Michael S. Barr of Michigan has written Mandatory Arbitration in Consumer Finance and Investor Contracts, 11 New York University Journal of Law and Business (2015). Here is the abstract: Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts — for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These […]
by Jeff Sovern Here. The first paragraphs read: Defying the threat of a White House veto, the House on Wednesday afternoon passed bipartisan legislation to help homebuyers avoid delays and disruptions when closing on their new homes by a bipartisan vote of 303-121. The bill, the Homebuyers Assistance Act, provides a four-month grace period for businesses that […]