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Consumer Financial Contracts Class Action Arbitration Waivers

Parker Poe Adams & Bernstein LLP

After Congress Kills CFPB Arbitration Rule, What’s Next?

Congress has passed – and the Trump administration has signaled that the president will sign – a bill to roll back the Consumer Financial Protection Bureau’s sweeping arbitration rule, which the White House has called...more

Dorsey & Whitney LLP

Senate Republicans Sink Controversial CFPB Anti-Arbitration Rule: Lessons Learned for the CFPB

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This post describes the recent move in Congress to rescind the CFPB rule, and what this means for the CFPB and the financial services industry going forward. On October 24th, the Senate voted 51-50 to overturn the Consumer...more

Nutter McClennen & Fish LLP

Nutter Bank Report, July 2017

CFPB Arbitration Rule Will Prevent Firms From Blocking Class Action Lawsuits - The CFPB has approved a new rule that will prohibit banks and other covered providers of certain consumer financial products and services from...more

Goodwin

Republicans File Congressional Review Act Challenge to CFPB’s Arbitration Rule

Goodwin on

As LenderLaw Watch previously reported, on July 10, 2017 the Consumer Financial Protection Bureau (CFPB) released its Arbitration Rule, which blocks the use of mandatory arbitration clauses in consumer financial products and...more

Foley & Lardner LLP

What Real Estate Settlement Service and Other Consumer Financial Services Providers Need to Know About the CFPB’s Final...

Foley & Lardner LLP on

On July 10, 2017, in a surprise move, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long awaited final rule on arbitration (Final Arbitration Rule). This rule-making has been a lightning rod issue for...more

Parker Poe Adams & Bernstein LLP

CFPB’s New Arbitration Rule and How It’ll Likely Be Challenged

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) announced a new rule that may have significant ramifications for the financial industry. The rule aims to stop a now common feature in financial services...more

BCLP

New CFPB Rule Prohibits Class Action Waivers

BCLP on

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) released a rule prohibiting class action waivers in certain pre-dispute arbitration agreements. The rule drastically impacts arbitration clauses currently used...more

Brownstein Hyatt Farber Schreck

CFPB Moves to Eliminate Class Action Waivers in Arbitration Clauses, but Congress Looks to Keep the Rule Off the Books

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) unveiled a long-awaited and highly contentious final rule to severely curtail the scope of arbitration clauses in consumer financial contracts. While the rule...more

Goodwin

CFPB Finalizes Arbitration Rule, Paving the Way for More Class Action Litigation

Goodwin on

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) announced the release of its anticipated Arbitration Rule, opening the door for more consumer class actions against financial institutions concerning financial...more

WilmerHale

CFPB Releases Final Rule Banning Certain Pre-Dispute Arbitration Agreements

WilmerHale on

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB or the Bureau) announced its long-anticipated final rule to prohibit the use of pre-dispute arbitration agreements to block consumer class actions in contracts...more

Katten Muchin Rosenman LLP

CFPB Arbitration Rule Summary: Class Action Waivers Prohibited in Broad Range of Consumer Credit Transactions

On July 10, the Consumer Financial Protection Bureau (CFPB) issued its Final Arbitration Rule. While the CFPB's Final Rule publication weighs in at 775 pages, the rule itself occupies only 11 pages, and the Official...more

Eversheds Sutherland (US) LLP

Spoiling for a Fight: CFPB Issues Ban on Class Waivers, Daring Congress to Act

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued its long-awaited and controversial rule prohibiting class action waivers in consumer contracts. Unless Congress uses the Congressional Review Act (CRA)...more

Ballard Spahr LLP

House approves FY 2017 appropriations bill containing curbs on CFPB authority

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By a vote of 239-185, the House of Representatives has approved a fiscal year 2017 appropriations bill that contains various provisions intended to curb the CFPB’s authority. Those provisions would fund the CFPB through the...more

Dorsey & Whitney LLP

What You Need to Know about CFPB’s Proposal to Ban Mandatory Arbitration Clauses in Financial Contracts

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On May 5, 2016, the Consumer Financial Protection Bureau (the “CFPB”) published in the Federal Register its 376-page proposed rule to limit the use of mandatory arbitration clauses in certain financial contracts. The proposal...more

Ballard Spahr LLP

House FY 2017 appropriations bill would curb CFPB authority, require another arbitration study

Ballard Spahr LLP on

The fiscal year 2017 appropriations bill approved last week by the House Financial Services and General Government Appropriations Subcommittee of the House Appropriations Committee includes the following provisions intended...more

Ballard Spahr LLP

CFPB Releases Spring 2016 Rulemaking Agenda

Ballard Spahr LLP on

The Consumer Financial Protection Bureau (CFPB) has released its Spring 2016 rulemaking agenda. The agenda sets the following timetables for key rulemaking initiatives: Arbitration. The Spring 2016 agenda does not...more

K&L Gates LLP

CFPB’s Proposed Rule Would Put the Brakes on Pre-Dispute Arbitration Clauses in Consumer Financial Contracts

K&L Gates LLP on

Congress enacted the Federal Arbitration Act in the 1920s to deter hostility toward arbitration. Despite numerous Supreme Court rulings over the decades upholding that goal, arbitration continues to face hostility. The...more

Katten Muchin Rosenman LLP

CFPB Issues Proposed Rule to Restrict the Use of Mandatory Arbitration Clauses and Class Action Waivers

If implemented, the Proposed Rule will result in an increase in class action lawsuits against consumer finance companies that currently include class action waivers in their contracts. ...more

Morrison & Foerster LLP

The Time Has Come: The CFPB Issues its Proposed Arbitration Rule

As widely anticipated, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking seeking comments on proposed regulations that would: 1) bar class action waivers; and 2) impose reporting...more

Kilpatrick

Significant Changes in Store for Consumer Finance Businesses – What You Need to Know Now About the CFPB’s New Arbitration Rules

Kilpatrick on

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued new proposed rules for consumer financial services contracts. The proposed rules have two major components. First, the proposed rules prohibit class...more

King & Spalding

CFPB Proposes Rule Prohibiting Class Action Waivers And Requiring Reporting Of Arbitration Information

King & Spalding on

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) announced a proposed rule that would ban the use of class action waivers in agreements between consumers and certain providers of consumer financial products...more

Eversheds Sutherland (US) LLP

Class Action Report: 2010-2015

Over the last decade, the U.S. Supreme Court issued a string of opinions with profound implications for the enforceability of arbitration provisions and class action waivers in consumer contracts. These decisions, the most...more

Ballard Spahr LLP

New York Times article omits critical pro-arbitration facts

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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

Goodwin

Class-Action Waivers on the CFPB Chopping Block

Goodwin on

Earlier this month, the CFPB announced that it may propose rules designed to curtail or eliminate class-action waivers from arbitration clauses. Arbitration clauses appear in most financial-services contracts to provide both...more

Goodwin

Lender’s Allegedly “One-Sided” Gift Card Arbitration Clause Questioned

Goodwin on

On August 6, 2015, a California federal judge requested further briefing on whether the arbitration clause in a lender’s Visa gift card user agreement may be unenforceable against a putative class action plaintiff – raising...more

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