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3/19/2020

Treasury Releases Report Examining The CFPB’s Arbitration Rule | U.S. Department of the Treasury

Treasury Releases Report Examining The CFPB’s Arbitration Rule
October 23, 2017

WASHINGTON – The U.S. Treasury Department today released a report that examines the
Consumer Financial Protection Bureau’s (CFPB) arbitration rule. The Treasury report delves into
the analysis CFPB used to prohibit mandatory arbitration clauses. It outlines important
limitations to the data behind CFPB’s rule and explains that CFPB did not appropriately consider
whether prohibiting arbitration clauses would advance consumer protection or serve the public
interest.
The Treasury report found that:
The CFPB’s rule will impose extraordinary costs—generating more than 3,000 additional
class action lawsuits over the next five years, imposing more than $500 million in additional
legal defense fees, and transferring $330 million to plainti s’ lawyers;
The CFPB’s data show that the vast majority of class action lawsuits deliver no relief to the
class—and that consumers very rarely claim relief available to them;
The CFPB did not show that its rule will achieve a necessary increase compliance with the
federal consumer financial laws, despite the rule’s high costs; and
The CFPB failed to consider less onerous alternatives to its ban on mandatory arbitration
clauses across market sectors.
View an analysis of The CFPB Arbitration Rule.
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https://home.treasury.gov/news/press-releases/sm0186

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