CFPB Rolls Out New Arbitration Rule – NMP Skip to main content

CFPB Rolls Out New Arbitration Rule

Jul 10, 2017
The Consumer Financial Protection Bureau (CFPB) has issued a proposal that would alter the reporting requirements for banks and credit unions that issue home equity lines of credit (HELOCs)

The Consumer Financial Protection Bureau (CFPB) has issued a new rule that bans companies from using mandatory arbitration clauses that are used to deny groups access to the legal process.
 
In announcing its rule, the CFPB insisted that its actions would “deter wrongdoing by restoring consumers’ right to join together to pursue justice and relief through group lawsuits.” The CFPB, which first published an outline of the rule as a proposal in October 2015, noted there was existing legislation that prohibited arbitration agreements in the residential mortgage market, and instead focused on credit cards and depository accounts in its announcement.
 
“These clauses allow companies to avoid accountability by blocking group lawsuits and forcing people to go it alone or give up,” said CFPB Director Richard Cordray. “Our new rule will stop companies from sidestepping the courts and ensure that people who are harmed together can take action together.”
 
The CFPB issued several exemptions to the rule, including employers offering consumer financial products or services for employees as an employee benefit, entities regulated by the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission, broker dealers and investment advisers overseen by state regulators, and state and tribal governments that have sovereign immunity from private lawsuits. The rule’s effective date is 60 days following publication in the Federal Register and applies to contracts entered into more than 180 days after that.

 
About the author
Published
Jul 10, 2017
CHLA Uses Trump Mortgage Order To Renew Push For LO Comp Reform

Community lenders want more flexibility over employee compensation, closing-cost estimates, down payment assistance, and federal supervision of smaller IMBs

Servicers Begin Testing Systems Ahead of VA Partial Claim Deadline

VA lenders and servicers have until Nov. 28 to implement the new loss mitigation waterfall and Partial Claim Program

ROAD Act’s Housing Incentive May Be Too Small To Move Supply

Realtor.com finds the median city risks losing only about $84,000, although the policy could carry more weight in supply-starved Northeast and Midwest markets

CRA Proposal Could Reshape Bank Lending And Affordable Housing Investment

The OCC and FDIC would put more weight on lending while easing community development requirements for hundreds of banks

Fannie Mae AI Governance Deadline Arrives Aug. 6

Seller/servicers using artificial intelligence in origination or servicing must have formal policies, oversight, and vendor controls in place

Condo Review Deadline Puts Lenders On The Clock

Fannie Mae and Freddie Mac will eliminate abbreviated project reviews for condo applications dated on or after Aug. 3