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AFR In the NEws: Divide Between Financial Regulators Appointed by Trump, Obama Widens (Reuters)

The political fissure between an Obama-appointed financial overseer and regulators hired by U.S. President Donald Trump is widening, with Consumer Financial Protection Bureau (CFPB) Director Richard Cordray threatening to challenge in court any attempt to kill his agency’s new arbitration rule. To overturn a CFPB rule, two-thirds of the FSOC must agree that it puts the whole banking system at risk. “It’s an extraordinarily high standard,” said Brian Marshall, policy counsel for Americans for Financial Reform, a Washington-based advocacy group. “It’s ludicrous that the arbitration rule would meet that standard.”

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AFR In the News: Banks’ Imperfect Options for Killing CFPB Arbitration Rule (American Banker)

Opponents of the Consumer Financial Protection Bureau’s arbitration rule are eyeing a trio of options for blocking the regulation before it takes effect, but all three are beset with their own challenges. The strategy with the most attention is for lawmakers on Capitol Hill to repeal the rule through the Congressional Review Act. But industry representatives are also considering the prospect of the Financial Stability Oversight Council overruling the regulation, or a group such as the Chamber of Commerce suing to throw the rule out. Yet all three appear to face an uphill climb. “Suggesting now that the rule would put the safety and soundness of the American banking system at risk is preposterous,” said Brian Marshall, policy counsel at Americans for Financial Reform. “Many banks do not use forced arbitration clauses at all, and the OCC has never suggested those institutions are not safe and sound as a result.”

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AFR in the News: With ‘Rip-off Clause’ Quashed, Consumers Can Now Sue Banks in Class-Action (USA Today)

“After years of review on the subject, the Consumer Financial Protection Bureau​… declared a new rule Monday that bans banks, credit card companies, payday lenders and other financial firms from requiring consumers to settle group disputes through arbitration.​.. ‘​The biggest step has been taken. This is a huge victory for consumers​,’ said Amanda Werner, campaign manager at Americans for Financial Reform and Public Citizen. ​’​We expect a lot of misconduct is going to be rooted out sooner.​’​”

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AFR in the News: Banks and Credit Card Companies Can’t Try to Stop You from Joining a Class Action Lawsuit — For Now (LA Times)

“Consumers had good reason to celebrate Monday after the Consumer Financial Protection Bureau…  issued a rule blocking credit card companies, banks and other financial firms from putting roadblocks in the way of customers joining class-action lawsuits. It’s a big deal… Said Lisa Donner, executive director of Americans for Financial Reform: ‘The consumer agency’s rule will stop Wall Street and predatory lenders from ripping people off with impunity, and make markets fairer and safer for ordinary Americans.’”

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AFR in the News: This New Rule Could Make It A Lot Easier to Sue Your Bank (KUSA-TV Colorado)

“‘Forced arbitration deprives victims of not only their day in court, but the right to band together with other targets of corporate lawbreaking. It’s a get-out-of-jail-free card for lawbreakers,’ said Lisa Donner, executive director of Americans for Financial Reform. ‘The consumer agency’s rule will stop Wall Street and predatory lenders from ripping people off with impunity, and make markets fairer and safer for ordinary Americans.’”

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Letter to Regulators: AFR Calls on the Dept of ED to Enforce, Not Dismantle, Borrower Defense and Gainful Employment

Americans for Financial Reform submitted comments to the Department of Education in strong opposition to any delay to or re-opening of the Borrower Defense to Repayment and Gainful Employment regulations. The Department of Education (the “Department”) has already conduced the arduous process of negotiated rulemaking on both of these rules, where all constituencies were able to weigh in. Establishing new negotiated rulemakings on these rules is a waste of taxpayer money and government resources.

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AFR Statement: Quarles represents failed policies of the past

“Mr. Quarles was part of the regulatory team at the Bush Treasury Department that missed the oncoming 2008 financial crisis and failed to take any effective action to stop that crisis. [He] did not take action or speak up against Wall Street excesses in advance of the 2008 crisis. Since the crisis he has made his opposition clear to strong regulatory action to prevent the re-emergence of the same risks in the future… The American people need and deserve better in this critical post.”