“In its latest study of forced arbitration, the Consumer Financial Protection Bureau (CFPB) confirms what consumers and consumer advocates have long said about this practice: it is a private dispute system stacked against individuals seeking justice. AFR applauds the release of the CFPB’s report, and urges the Bureau to move forward swiftly with rulemaking to prohibit forced arbitration in consumer financial contracts.”
“The activists hand-delivered protest petitions Thursday that, they said, contained 67,000 signatures. Arbitration clauses put consumers at an unfair disadvantage in disputes with their banks, the groups said… Consumer Action, Americans for Financial Reform, Public Citizen, the Other 98%, Alliance for Justice, the American Association for Justice and the National Association of Consumer Advocates helped organize the petitions.”
“These non-negotiable terms are one of the ways that companies rig the financial system against consumers and avoid accountability. These terms deny customers access to courts should they seek to pursue legal claims against your company and deprive your customers of important legal protections. The result is that consumers cannot practically or fairly resolve disputes with you or
seek remedies for harm caused by your wrongful conduct.”
Five-and-a-half years after the financial crisis, “the great majority of Americans still see a need for tougher regulation of Wall Street and the lending industry, and welcome the existence of a federal agency with a mandate to police rules of fair play in the consumer finance markets.
“At the House Financial Services Committee, however, a different view has taken hold. The big threat, many on that committee seem to believe, comes not from abusive practices in the financial industry, but from the agency that is beginning to do something about them.”
“In arbitration, there is no publicly accountable judge, jury, or right to an appeal. The arbitrators do not have to follow the facts or the law, and there is no public review of decisions to ensure the arbitrator got it right. Moreover, contracts typically name the arbitration firm that must be used—the one preferred by the company.”
The use of mandatory arbitration in disputes between investors, on the one hand, and brokers or other investment professionals, on the other. Hosted by Americans for Financial Reform, North American Securities Administrators Association and Public Citizen
Mandatory arbitration and its impact on the world of consumer finance was the topic of a Capitol Hill briefing sponsored by AFR, Public Citizen & the National Association of Consumer Advocates.
United States Senate Washington, DC 20510 April 23, 2010 Dear Senator: We write to express our support for the provisions in the Restoring American Financial Stability Act of 2010 that give the Bureau of Consumer Financial Protection (CFPB) and the Securities and Exchange Commission (SEC)