A powerful op-ed published this week in the New York Times examines recent workings in the House and Senate to fundamentally undermine consumer rights in the United States. The Consumer Financial Protection Board recently created a new rule preventing companies from denying consumers the right to band together and go to court when they are treated unfairly. The rule would act to keep companies from restricting consumer recourse to binding, closed-door arbitration outside the courts and sidestepping the judicial system. [Read more…]
In a move intended to level the playing field between the American public and corporations with regard to contract disputes on financial products, the U.S. Consumer Financial Protection Bureau (CFPB) proposed new rules this month that would limit corporations’ ability to force citizens away from the court system and into mandatory arbitration. Proposed new rules by U.S. agencies like the CFPB trigger a statutory 90-day public comment period, and for these new rules that period began on May 24, 2016. [Read more…]
The Consumer Financial Protection Board (CFPB) has proposed a new rule that would modify mandatory arbitration clauses and, ultimately, restore consumers’ fundamental right to class action courtroom trials against financial institutions. In the new proposal, while financial institutions may still impose a requirement of having individual disputes handled by private arbitration, class action lawsuits are no longer forbidden. [Read more…]
As mandatory arbitration clauses become more prominent within company contracts, “attempts to protect businesses at the expense of consumers are underway,” according to an opinion piece by law professor Jeff Sovern published by USA Today. Consumer laws have historically been enforced in two ways – through the government and via lawmakers. [Read more…]
A specter is haunting consumer contracts. In the last few years, there has been a veritable explosion of forced arbitration clauses thrust into contracts in industries ranging from banking to insurance, medical to retirement care. GrubHub food delivery service just updated their user agreement to force their customers into mandatory arbitration over any disputes that might arise as a result of their using the service to get Chicken Masala or local pizza. This routine addition to many companies’ dealings with customers has resulted in the deprivation of consumers’ basic constitutional rights, as these forced arbitration agreements require individuals to give up certain fundamental legal protections, including the right to a fair court trial in front of a neutral judge.
As reported in the Daily Journal, on October 7, 2015, the U.S. Consumer Financial Protection Bureau (CFPB) announced a proposal that would bar class waivers as a way to regulate forced arbitration clauses in contracts. Lieff Cabraser attorney Elizabeth J. Cabraser commented on the issue, noting that the new CFPB proposal is “pro-consumer,” since the arbitration clauses that block group lawsuits would be banned. [Read more…]