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CFPB reacts quickly and favorably to Petition submitted to it by consumer groups to ban pre-dispute arbitration

Last week, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would prohibit the use of pre-dispute arbitration clauses in consumer contracts in favor of arbitration clauses that...more

Ninth Circuit denies Blair rehearing petitions, setting stage for possible SCOTUS review

On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme...more

Small business borrowers bring lawsuit alleging lender engaged in “rent-a-charter” scheme to make usurious loans

A group of small businesses and their individual owners have filed a putative class action lawsuit in a New York federal district court against online lender Kabbage, Inc. that alleges Kabbage engaged in a “rent-a-charter”...more

House Judiciary Committee passes bill to ban mandatory arbitration agreements

Last week, by a vote of 22-14 (with one Republican voting for the bill), the House Judiciary Committee passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in...more

Amici File Briefs to Support Blair Rehearing Petitions

Last week, we published a Legal Alert discussing the petitions for rehearing filed in the Blair v. Rent-A-Center appeals which ask the Ninth Circuit en banc to overturn a panel decision holding that the Federal Arbitration...more

U.S. Supreme Court Illuminates Class Arbitration and FAA Appeal Issues

In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more

New bills introduced to prohibit use of mandatory arbitration provisions

Democratic lawmakers have introduced several new bills to prohibit the use of mandatory arbitration provisions, ranging from bills that broadly target consumer transactions to bills that target schools that receive Title IV...more

More Questions Than Answers in Ninth Circuit's Examination of Critical California Arbitration Issue

Relying on the California Supreme Court's 2017 decision in McGill v. Citibank, class action plaintiffs increasingly have sought to circumvent class action waivers in arbitration agreements by filing lawsuits in California. ...more

Consumer Advocates’ Proposed “Arbitration Multiplier” Is a Wolf in Sheep’s Clothing

According to a forthcoming article by Professors Andrea Chandrasekher and David Horton in the California Law Review, more consumers and their lawyers would take advantage of individual arbitration if states enacted...more

Sixth Circuit Continues To Expand Class Action Waivers, Following Supreme Court's Lead

The U.S. Supreme Court's ruling in Epic Systems Corp. v. Lewis was extended by the U.S. Court of Appeals for the Sixth Circuit last week in Gaffers v. Kelly Services, Inc. ...more

State of Washington Executive Order May Be Preempted by FAA

An Executive Order issued by Washington Governor Jay Inslee on June 12, 2018 seeks to rebuff the U.S. Supreme Court’s ruling in Epic Systems LLC v. Lewis, 138 S. Ct. 1612 (May 21, 2018)...more

Supreme Court Hands Employers "Epic" Win in Class Action Waivers Dispute

The U.S. Supreme Court on Monday ruled that employers can lawfully require employees to resolve employment disputes through individual arbitration rather than by joining other employees in class or collective actions....more

U.S. Supreme Court Decision in Lamps Plus Will Shed More Light on Class Arbitration

This week, the U.S. Supreme Court granted certiorari in a case that should further clarify the circumstances in which class arbitration can be required. The question presented in Lamps Plus, Inc. v. Varela is "[w]hether the...more

CFPB Finally Acknowledges Arbitration Rule “Has No Force or Effect”

Two weeks after President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule, the CFPB has formally acknowledged Congress’ override of the rule under the...more

Director Cordray criticizes CRA override of CFPB arbitration rule

In a blog post last week, we noted that there had been no official statement from the CFPB about Congress’ override of the CFPB’s arbitration rule, which President Trump signed on November 1....more

Finance industry groups file dismissal notice in lawsuit seeking to overturn CFPB arbitration rule

The plaintiffs in the lawsuit filed by industry groups in a Texas federal district court against the CFPB to overturn the final arbitration rule have filed a Notice of Voluntary Dismissal....more

President Trump signs CFPB arbitration rule override

Yesterday, President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule. The House and Senate actions were taken pursuant to the Congressional Review Act...more

Cordray’s Letter to President Trump Distorts Impact of Arbitration Rule

CFPB Director Richard Cordray yesterday sent a letter to President Trump asking him to uphold the Bureau’s arbitration rule even though the Senate recently joined the House in authorizing a repeal of the rule under the...more

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