Congressional Digest

Congressional Digest December 2017 No. 10 Vol. 96
Arbitration Clauses and Consumer Financial Disputes

Suing the Banks

Arbitration Agreements vs. Class Action Lawsuits

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Arbitration Clauses and Consumer Financial Disputes

Consumer Financial Protection Bureau Study

In Section 1028(a) of the Dodd–Frank Wall Street Re­form and Consumer Protection Act of 2010, Congress instructs the Consumer Financial Protection Bureau to study “the use of agreements providing for arbitration of any future dispute … in connection with the offering or providing of consumer financial products or services,” and to provide a report to Congress on the same topic. The advantages and disadvantages of pre-dispute arbitration provisions in connection with consumer finan­cial products or services — whether to consumers or to companies — are fiercely contested. Consumer advocates generally see pre-dispute arbitration as unfairly restricting consumer rights and remedies….

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