My Morning Consult Op-Ed: Financial Choice Act Prioritizes Banks Over Consumers

by Jeff Sovern Here.  Excerpt: Remember how back in 2008, the Bush administration shepherded a $700 billion bank bailout through Congress? Well, the House of Representatives voted last month to rescue banks yet again. And if its bill, the Financial Choice Act, becomes law, ordinary Americans may pay a bigger price than they did for […]

House Vote on CRA Resolution on CFPB Arbitration Rule Could Come Tuesday

by Jeff Sovern The House Rules Committee is meeting today at 5:00 to consider granting a rule for the House to take up H. J. Res. 111, under which the House would vote to block the CFPB arbitration rule from taking effect.  I hear the House could vote on the resolution itself tomorrow.

House Financial Services Committe Minority Staff Issues Report on CFPB

The report is titled THE CONSUMER FINANCIAL PROTECTION BUREAU IN PERSPECTIVE. Quoting now from the findings listed in the Executive Summary: Before the Consumer Bureau was created, financial regulators prioritized the profits of Wall Street firms at the expense of consumers’ financial well-being on Main Street. Previously, Federal prudential regulators were tasked with dual, and […]

Chamber of Commerce Threatens to Use CRA Vote on CFPB Arbitration in Grading Legislators

by Jeff Sovern The Chamber's letter to House members is here. Here is the relevant text (bolding in original):  The U.S. Chamber of Commerce ("Chamber") urges you to support H.J. Res. 111, which would undo a rule left over by the Obama Administration and recently finalized by an out of control Consumer Financial Protection Bureau […]

The continuing Rule 23 “ascertainability” wars

In recent years, federal courts have been addressing corporate class-action defendants' claims that the federal class-action rule (Rule 23) contains an rigorous "ascertainability" requirement — a supposed need for the plaintiffs to show, at the certification stage (rather than at the remedy phase), that they have a crackerjack method for identifying the class members with […]

Arbitration Expert & Professor Jean Sternlight: Consumer bureau’s new rule will better protect consumers from the abusive financial companies

Here.  Excerpt: Focusing, for example, on cases involving unlawful check bouncing charges, the bureau [study] found that class actions brought on this issue alone allowed millions of financial consumers to recover nearly $1 billion of damages as well as important non-monetary relief, all of which deters future legal violations. By contrast, the bureau learned that […]

CFPB celebrates its 6th birthday with a report touting what it considers its top 6 achievements

Last Friday marked the Consumer Financial Protection Bureau's 6th birthday. It celebrated with a report describing what it considers the agency's top 6 accomplishments.These topics are described below, and the specifics are provided after the jump (with links to further information). 1. Our actions have resulted in nearly $12 billion in relief for more than 29 million harmed […]

D.C. Circuit upholds Department of Transportation rule banning use of e-cigarettes on commercial air flights

In Competitive Enterprise Institute v. DOT, by a 2-1 vote, the D.C. Circuit has upheld a Department of Transportation rule banning use of e-cigarettes on commercial passenger flights. The main question was whether Congress's 1987 law making it illegal "to smoke" on certain commercial flights justified a recent regulatory ban on using (or, some might say, […]

Report: Trump administration affirmatively trying to reduce sign-ups for health insurance under the ACA

This article by AP medical journalist Carla Johnson explains that Trump is not simply letting the Affordable Care Act fail (as he has occasionally pledged to do), but taking affirmative steps to harm the Act by making it harder to sign up for coverage. As the article explains, these actions could, in turn, destabilize markets in […]