Arbitration of Consumer Financial Services Disputes PDF Download

Author: Alan S. Kaplinsky
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 916

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Author: Shahla F. Ali
Publisher: Cambridge University Press
ISBN: 110732856X
Category : Law
Languages : en
Pages : 283

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Book Description
Nearly all major global financial centres have developed systems of consumer financial dispute resolution. Such systems aim to assist parties to resolve a growing number of monetary disputes with financial institutions. How governments and self-regulatory organizations design and administer financial dispute resolution mechanisms in the context of increasingly turbulent financial markets is a new area for research and practice. Consumer Financial Dispute Resolution in a Comparative Context presents comparative research about the development and design of these mechanisms in East Asia, North America and Europe. Using a comparative methodology and drawing on empirical findings from a multi-jurisdictional survey, Shahla F. Ali examines the emergence of global principles that influence the design of financial dispute resolution models, considers the structural variations between the ombuds and arbitration systems, and offers practical proposals for reform.

Author: Julie Kline
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 116

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Author:
Publisher:
ISBN:
Category : Consumer credit
Languages : en
Pages : 954

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Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781720961802
Category :
Languages : en
Pages : 454

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Book Description
Arbitration Agreements (US Consumer Financial Protection Bureau Regulation) (CFPB) (2018 Edition) The Law Library presents the complete text of the Arbitration Agreements (US Consumer Financial Protection Bureau Regulation) (CFPB) (2018 Edition). Updated as of May 29, 2018 Pursuant to section 1028(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Bureau of Consumer Financial Protection (Bureau) is issuing this final rule to regulate arbitration agreements in contracts for specified consumer financial product and services. First, the final rule prohibits covered providers of certain consumer financial products and services from using an agreement with a consumer that provides for arbitration of any future dispute between the parties to bar the consumer from filing or participating in a class action concerning the covered consumer financial product or service. Second, the final rule requires covered providers that are involved in an arbitration pursuant to a pre-dispute arbitration agreement to submit specified arbitral records to the Bureau and also to submit specified court records. The Bureau is also adopting official interpretations to the regulation. This book contains: - The complete text of the Arbitration Agreements (US Consumer Financial Protection Bureau Regulation) (CFPB) (2018 Edition) - A table of contents with the page number of each section

Author: Consumer Financial Protection Bureau
Publisher: Createspace Independent Publishing Platform
ISBN: 9781540336538
Category :
Languages : en
Pages : 578

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In Section 1028(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress instructs the Consumer Financial Protection Bureau (the "Bureau") to study "the use of agreements providing for arbitration of any future dispute . . . in connection with the offering or providing of consumer financial products or services," and to provide a report to Congress on the same topic. This document presents the results of that study. The advantages and disadvantages of pre-dispute arbitration provisions in connection with consumer financial products or services - whether to consumers or to companies - are fiercely contested. Consumer advocates generally see pre-dispute arbitration as unfairly restricting consumer rights and remedies. Industry representatives, by contrast, generally argue that pre-dispute arbitration represents a better, more cost-effective means of resolving disputes that serves consumers well.1 With limited exceptions, however, this debate has not been informed by empirical analysis. Much of the empirical work on arbitration that has been carried out has not had a consumer financial focus. The present study is empirical, not evaluative. Although the report covers a wide range of topics, its uniform and consistent focus is on understanding the facts surrounding the resolution of consumer financial disputes - both in arbitration and in the courts - through a careful analysis of empirical evidence. Our results reflect what we believe is the most comprehensive empirical study of consumer financial arbitration carried out to date.

Author: Michael S. Barr
Publisher:
ISBN:
Category :
Languages : en
Pages : 25

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Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts -- for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The lack of salience means that there is no meaningful competition over arbitration provisions or likely any price effect. Some arbitration proceedings lack procedural protections, and unbiased arbitrator selection essential for fair outcomes. In addition, many arbitration provisions contain “gag” rules barring disclosure of reasoning, evidence, or outcomes. Moreover, arbitration clauses typically preclude consumers from banding together in aggregated actions, which diminishes redress and weakens deterrence. In the wake of the financial crisis, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which authorizes the new Consumer Financial Protection Bureau and the U.S. Securities and Exchange Commission to prohibit or condition the use of arbitration clauses in consumer finance and investment contracts, respectively. It is well past time for these agencies to use this authority.

Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 1180

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Author: Martha T. McCluskey
Publisher:
ISBN:
Category :
Languages : en
Pages : 39

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Book Description
Forced arbitration clauses have become almost unavoidable in contracts for financial services and products ranging form credit cards to private student loans. This report examines how the financial services industry uses these clauses to defeat consumers' rights and evade accountability for their wrongdoing.As the report explains, the forced arbitration process harms consumers by relegating them from the civil justice system to an inferior forum for vindicating their rights. In contrast to the courts, forced arbitration tends to be secretive, less independent of industry, more prone to erroneous and arbitrary rulings, more likely to discourage the pursuit of claims with procedural barriers, and more likely to provide inadequate relief for compensating victims of corporate wrongdoing.The report examines the 2016 proposal by the Consumer Financial Protection Bureau (CFPB) to limit the use of forced arbitration clauses in contracts for financial services and products, and finds that the proposal is consistent with the agency's statutory obligation to protect consumers. The report goes on to explain that the CFPB would better fulfill its statutory mandate by revising its proposal to include stronger protections for consumers.

Author: American Bar Association. Section of Business Law
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 82

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