Category Archives: Consumer Financial Protection Bureau

Why Do Republicans Say a Commission Would Be More Accountable Than a Director?

by Jeff Sovern Here we go again. The Republicans have repeatedly tried to convert the Consumer Financial Protection Bureau to a commission structure. The latest effort, H.R. 1266, is sponsored by Representative Randy Neugebauer of Texas.  The bill would replace the CFPB's director with a five-member commission, of whom no more than three could be […]

Kaplinsky on Why Consumers Don’t File Arbitration Claims

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] […]

Fitzpatrick article on “The End of Class Actions?”

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 […]

Excellent Sheryl Harris Column on Arbitration

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. […]

CFPB field hearing on consumer arbitration, live-tweeted and livestreamed

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.

Richard Cordray’s remarks on the CFPB arbitration report

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 […]

Are Proposals for More Cost-Benefit Analysis a Stealth Attack on Dodd-Frank?

by Jeff Sovern The American Banker had an article this week, Could the Fight Over Cost-Benefit Analysis Kill Reg Relief? that made some interesting points.  After noting that Senate Banking Committee Chair Richard Shelby advocates more cost-benefit analysis, the author, Victoria Finkle, wrote: "The idea of rigorous cost-benefit analysis is like motherhood and apple pie […]

A Proposal to Ban the Sale of Junk Debt

By guest blogger Peter A. Holland  I have covered the NCLC's excellent proposal to ban the sale of time-barred debt here. The NCLC recommendations point to the larger problem that some banks sell off their worst, most unreliable, least collectible, most dubious accounts for literally pennies on the dollar (sometimes less), pursuant to broad disclaimers of […]

Effective Disclosure of Arbitration Clauses and the CFPB’s Power to Regulate Them

by Jeff Sovern Brian posted earlier that the CFPB has announced a field hearing on arbitration for March 10.  Because the CFPB often schedules such hearings when it announces something, it is probably going to release the next installment in its arbitration report (maybe the final installment) in conjunction with the hearing.  As Brian also […]

Joint Enforcement Action: Maryland Attorney General and CFPB Act On Illegal Mortgage Kickbacks

By guest blogger Peter A. Holland In a time of limited resources, perhaps a new model is emerging of joint CFPB/State Attorney General enforcement actions.  The recent joint action by the Bureau and Maryland Attorney General Brian Frosh provides a nice case study. Recently, Maryland Attorney General Brian Frosh and the Consumer Financial Protection Bureau […]