AFSA Statement on CFPB Arbitration Rule

CFPB Issues Rule That Harms Consumers, Favors Attorneys 

Today, the Consumer Financial Protection Bureau (CFPB) issued a final rule prohibiting the use of class action waivers in arbitration clauses. The American Financial Services Association (AFSA) is disappointed that the CFPB has finalized a rule on arbitration that ignores its own research and harms consumers, while enriching plaintiff’s attorneys. 

“We are disappointed that the Bureau has decided to move forward with a final rule,” said Bill Himpler, executive vice president with AFSA. “The Bureau has ignored its mandate under the Dodd-Frank Wall Street Reform and Consumer Protection Act to limit arbitration only if such a prohibition is in the public interest and for the protection of consumers.” 

AFSA, along with many other trade associations, has submitted a comment letter on the CFPB’s proposed arbitration rule, advocating for alterations in the best interest of both consumers and the industry.  

“Numerous reports, including the CFPB’s own study, show the value that consumers derive from arbitration, especially when compared to class-action lawsuits. The CFPB’s study clearly demonstrates that the winner in class-action litigation is almost always the plaintiff’s attorneys, who pocket millions of dollars and leave the consumer with little to no financial compensation,” Himpler said.