James McGuire

James McGuire

Morrison & Foerster LLP

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Latest Publications


CFPB Announces Intent to Commence Arbitration Rulemaking

On October 7, the Consumer Financial Protection Bureau (CFPB) announced that it is considering two rulemaking proposals that would severely limit the use of pre-dispute arbitration clauses in consumer financial service...more

10/21/2015 - Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Arbitration Waivers Comment Period Dodd-Frank Federal Arbitration Act Financial Institutions Mandatory Arbitration Clauses OMB Preemption Proposed Regulation Public Interest Reporting Requirements SBREFA SCOTUS

No Surprise Here—CFPB Proposes to Significantly Curtail Arbitration Agreements

On October 7, 2015, the CFPB announced its proposals regarding arbitration agreements in consumer financial product contracts. In a move that has plaintiffs’ class action lawyers cheering, the CFPB proposes to require...more

10/7/2015 - Arbitration Arbitration Agreements CFPB Consumer Financial Products Notice and Comment Proposed Regulation SBREFA

The Other Shoe Has Dropped: CFPB Releases Report on Arbitration

The Consumer Financial Protection Bureau (CFPB) recently released its long awaited Report to Congress on arbitration agreements in consumer financial contracts. The Report’s conclusion, and Director Richard Cordray’s remarks,...more

4/13/2015 - Arbitration CFPB Consumer Financial Contracts Consumer Financial Products Wireless Industry

The CFPB Outlines an Approach to So-Called “Debt Trap” Products

At a field hearing in Richmond, Virginia on March 26, the Consumer Financial Protection Bureau (CFPB) outlined the proposal it is considering to regulate payday lending. The proposal would cover short- and long-term payday...more

4/7/2015 - Ability-to-Repay CFPB Consumer Financial Products Consumer Lenders Payday Loans Proposed Regulation Title Loans

CFPB Releases Arbitration Study Report to Congress

On March 10, the Consumer Financial Protection Bureau (CFPB) released its long-awaited, statutorily-mandated report to Congress on the use of pre-dispute arbitration provisions in consumer financial products. As we predicted...more

3/13/2015 - Arbitration Arbitration Agreements CFPB Mandatory Arbitration Clauses

CFPB Announces Field Hearing on Arbitration

On February 23, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it will hold a field hearing in Newark, New Jersey, on March 10, 2015, to discuss the topic of arbitration. We anticipate that the CFPB will...more

2/25/2015 - Arbitration CFPB Dodd-Frank

CFPB Builds its Case Against Arbitration Clauses

INTRODUCTION - The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) mandated a Consumer Financial Protection Bureau (CFPB) study on the use of pre-dispute arbitration clauses in consumer...more

12/18/2013 - Arbitration CFPB Dodd-Frank Mandatory Arbitration Clauses

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

3/13/2013 - Arbitration Barack Obama CFPB China Credit Reports Cybersecurity Data Protection Debt Collection Dodd-Frank Dukes v Wal-Mart Fair Housing Act (FHA) FDCPA FDIA FDIC Federal Reserve Foreclosure FTC Mobile Apps Recess Appointments Richard Cordray Social Media Telemarketing

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