Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments
Uniform Commercial Code Law Journal, Vol. 46, p. 71, 2014
22 Pages Posted: 23 Oct 2014 Last revised: 18 Jun 2015
Date Written: July 8, 2014
Judicial precedent with regards to mandatory pre-dispute arbitration agreements has given such clauses substantial protection, resulting in their widespread inclusion in boilerplate contract language. However, recent findings and assertions from the Consumer Financial Protection Bureau (CFPB) may cause a serious disruption in the use of such clauses in business to consumer (B to C) contracts. Recent CFPB studies and comments suggest that the CFPB is poised to exercise its authorization under the Dodd-Frank Act to restrict the use of pre-dispute mandatory arbitration agreements in consumer contracts.
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