Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Will the CFPB issue a final arbitration rule before Jan. 20?

Last week, the Wall Street Journal reported that the CFPB is pushing to finalize its arbitration rule before Donald Trump’s inauguration as President on January 20.  The comment period on the proposed rule closed on August...more

11/29/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Congressional Review Act Constitutional Challenges Consumer Contracts Consumer Financial Products Final Rules Financial Sector Financial Services Industry Payday Loans PHH Corp. v CFPB SBREFA Service Contracts Title Loans Trump Administration

FTC seeks information on class action claims rates

The FTC has announced that to study the effectiveness of various class action settlement notice programs, it has issued orders to eight claims administrators requiring them to provide information on their procedures for...more

11/18/2016 - Arbitration Class Action Financial Sector FTC Notifications Settlement

FTC Seeks Information on Class Action Claims Rates

The Federal Trade Commission (FTC) has announced that to study the effectiveness of various class action settlement notice programs, it has issued orders to eight claims administrators requiring them to provide information on...more

11/18/2016 - Arbitration CFPB Class Action Financial Sector FTC Notifications Request For Information Settlement

Bi-partisan Congressmen seek arbitration safe harbor allowing class action waivers

Republican Congressman Randy Neugebauer, who chairs the House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer Credit, and Democratic Congressman W. Lacy Clay, the Subcommittee’s Ranking...more

9/16/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Legislative Committees Safe Harbors Service Contracts

Second Circuit: Placing Order Online Did Not Bind Customer to Amazon’s Arbitration Provision

In an important decision underscoring the challenges faced by retailers and others in enforcing online arbitration agreements with their customers, the U.S. Court of Appeals for the Second Circuit has reversed a district...more

8/30/2016 - Amazon Marketplace Arbitration Arbitration Agreements Browsewrap Agreement Class Action Class Action Arbitration Waivers Clickwrap Agreements Corporate Counsel E-Commerce Internet Retailers Retail Market Terms and Conditions Websites

Ninth Circuit Sides with NLRB in Divide over Employee Arbitration Waiver Agreements

The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...more

8/26/2016 - Appeals Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions Ernst & Young Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB Protected Concerted Activity Section 7

Trade groups comment on CFPB arbitration proposal

The American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable (Associations) have filed a joint letter commenting on the CFPB’s proposed rule regulating consumer arbitration...more

8/23/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Mandatory Arbitration Clauses Service Contracts

Pew’s issue brief in support of the CFPB’s proposed arbitration rule: a flawed presentation

The Pew Charitable Trusts has released an issue brief, “Consumers Want the Right to Resolve Bank Disputes in Court,” in which it urges the CFPB to “expeditiously finalize” its proposed arbitration rule. The CFPB’s proposal...more

8/19/2016 - Arbitration Arbitration Agreements Banking Sector Banks CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Consumer Lenders Dodd-Frank Financial Services Industry Pew Foundation

Democratic lawmakers urge adoption of CFPB arbitration proposal

A total of 102 Democratic lawmakers, consisting of 37 Democratic Senators joined by Independent Senator Bernie Sanders and 65 House members, have signed on to letters sent to Director Cordray expressing support for the CFPB’s...more

8/5/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Comment Period Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Service Contracts

Arbitrator, Not Court, Decides If Arbitration Agreement Allows Class Arbitration, California Supreme Court Rules

A divided California Supreme Court has held that an arbitrator, rather than a court, should determine whether an arbitration clause in an employment agreement allows employees to bring their claims in arbitration on a...more

8/4/2016 - Appeals Arbitration CA Supreme Court Class Action Class Action Arbitration Waivers Employer Liability Issues Employment Contract Employment Discrimination Mandatory Arbitration Clauses Race Discrimination

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

6/20/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Department of Education Federal Arbitration Act Higher Education Act Student Loans Title IV

Contractor's Use of AG Letterhead Not a Violation of FDCPA, Supreme Court Holds

The U.S. Supreme Court has unanimously held that an independent contractor to the Ohio Attorney General did not mislead consumers in violation of the Fair Debt Collection Practices Act (FDCPA) when it used the Attorney...more

5/24/2016 - Attorney Generals Class Action FDCPA SCOTUS Sheriff v. Gillie

High Praise for WSJ Editorial, with a Small Caveat

A recent editorial in the Wall Street Journal is a “must read” for those who will be affected if the CFPB’s May 5, 2016 proposed rule banning class action waivers in consumer financial services arbitration agreements becomes...more

5/23/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Mandatory Arbitration Clauses Service Contracts Wall Street Journal

"Real" Harm Required To Recover Statutory Damages, U.S. Supreme Court Rules

In a long-anticipated and significant decision, the U.S. Supreme Court has ruled 6-2 that a plaintiff alleging a violation of the Fair Credit Reporting Act (FCRA) does not have standing under Article III of the U.S....more

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

CFPB Issues Proposed Regulations To Prohibit Class Action Waivers in Consumer Arbitration Agreements

Yesterday, the Consumer Financial Protection Bureau (CFPB) announced at a field hearing in Albuquerque, New Mexico, that it is proposing regulations that would prohibit covered providers of certain consumer financial products...more

5/6/2016 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Consumer Contracts Dodd-Frank Federal Arbitration Act Financial Services Industry Service Contracts

Chamber of Commerce suggests issues for CFPB to address at May 5 arbitration field hearing

The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness has sent a letter to Director Cordray suggesting a series of issues for Mr. Cordray to address in his prepared remarks at the CFPB’s field hearing on...more

5/3/2016 - American Arbitration Association Arbitration Capital Markets CFPB Class Action Class Action Arbitration Waivers Financial Services Industry Richard Cordray SBREFA Service Contracts

CFPB to hold May 5 field hearing on arbitration

The CFPB has announced that it will hold a field hearing in Albuquerque, New Mexico about arbitration on May 5, 2016.  We expect the field hearing to coincide with the release of the CFPB’s proposed rule on the use of...more

4/21/2016 - Arbitration Banking Sector CFPB Class Action Class Action Arbitration Waivers Dodd-Frank Financial Services Industry SBREFA

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

4/8/2016 - Article III Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS Settlement Offer Standing TCPA

Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Claims, SCOTUS Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/28/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

Tribally Affiliated Payday Lenders Can Use Tribal Sovereign Immunity as Defense to State Administrative Proceedings, Class Actions

Two recent decisions provide support for the use of tribal sovereign immunity by tribally affiliated payday lenders as a defense to both state administrative proceedings and private class actions. In Everette v. Joshua...more

12/18/2015 - Administrative Proceedings Class Action Payday Loans Sovereign Immunity Tribal Loans

New York Times article omits critical pro-arbitration facts

An article on consumer arbitration in this week’s Sunday New York Times concludes that “[b]y inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies… devised a way to...more

11/3/2015 - Arbitration Arbitration Agreements Banking Sector Banks CFPB Class Action Class Action Arbitration Waivers Consumer Financial Contracts Federal Arbitration Act Financial Institutions New York Times

Our thoughts on Director Cordray’s arbitration comments to the CFPB’s Consumer Advisory Board

In his remarks today to the CFPB’s Consumer Advisory Board, Director Cordray denigrated arbitration agreements as a “free pass” that allows companies to “sidestep the legal system, avoid big refunds, and continue to pursue...more

10/23/2015 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Financial Products Financial Institutions

Responding to Professor Sovern: how Dodd-Frank Section 1028 limits the CFPB’s power to regulate arbitration agreements

In a blog post earlier this week, Professor Jeff Sovern took issue with statements made by a legal expert that suggest an amendment to the Federal Arbitration Act would be necessary for the CFPB to ban class action waivers in...more

10/23/2015 - American Bankers Association Arbitration Arbitration Agreements Banking Sector CFPB Class Action Class Action Arbitration Waivers Federal Arbitration Act Financial Institutions SBREFA

CFPB Proposes Ban on Class Action Waivers

Today, the CFPB announced at a field hearing in Denver, Colorado that it is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration...more

10/8/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers Financial Institutions Small Business

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