CFPB Bans Arbitration Clauses

On July 10th, the Consumer Financial Protection Bureau (CFPB) issued a 775 page rule banning companies, including financial institutions, from using mandatory arbitration clauses.  Arbitration clauses often state that either the consumer or the company can require arbitration of disputes, with the exception of individual cases brought in small claims court.  The arbitration clauses can be used by companies to block class action lawsuits.  The rule is effective 60 days after it is published in the federal register and applies to contracts entered into more than 180 days after that.

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John Zasada is a principal with CLA and leads the firm’s financial institution regulatory compliance practice. He assists banks and credit unions nationwide in establishing regulatory compliance programs, conducting compliance testing, training staff on regulations, and performing website compliance assessments. In addition, John is a frequent speaker at industry conferences and state associations. Prior to joining CLA, he served as managing director at a top-10 accounting firm and as the compliance officer of a large financial institution, where he developed and implemented its first regulatory compliance program.

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