Congressional Digest

Congressional Digest December 2017 No. 10 Vol. 96
Legislative Background on Mandatory Arbitration

Suing the Banks

Arbitration Agreements vs. Class Action Lawsuits

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Legislative Background on Mandatory Arbitration

Recent Action by Congress on the CFPB Rule

The Federal Arbitration Act (FAA), which Congress passed in 1925, established rules for the use of arbi­tation in private contracts, providing a way for businesses and indiviudals to resolve disputes outside the courts. After that, there was no significant effort by the Feder­al Government to change the legal status of arbitration agreements until July 2017, when the Consumer Financial Protection Bureau (CFPB) issued a rule limiting their use in some consumer financial products and services contracts. Court Actions By strengthening the legal status of arbitation clauses, and deeming arbitration a satisfactory option for those who wished to avoid the time…

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