Future Looks Dim For Consumer Financial Protection Bureau Under Trump Presidency

Adam Fagen

On the campaign trail, President-elect Donald Trump made his disdain for the 2010 Dodd-Frank financial reforms clear, leaving many to wonder what a Trump White House would mean for the Consumer Financial Protection Bureau — the financial services regulator created by the 2010 legislation. Now that pieces are beginning to fall into place for the Trump transition plan, the outlook for the CFPB does not appear very bright. [More]

Court: Nursing Homes Can Continue Stripping New Residents Of Their Right To Day In Court

Freaktography

In September, the federal Centers for Medicare & Medicaid Services (CMS) issued a new rule that would prevent most nursing homes and other long-term care facilities from using forced arbitration to strip new residents of their right to file lawsuits against these companies. The industry soon fired back by doing the very thing it doesn’t want its customers to do: filing a lawsuit. This morning, the judge in the case granted the industry’s request for a preliminary injunction preventing the new rule from being enforced. [More]

Judge: Airbnb Can Force Users’ Racial Discrimination Claims Out Of Courtroom

Judge: Airbnb Can Force Users’ Racial Discrimination Claims Out Of Courtroom

A large — and growing — number of companies use arbitration clauses in their overlong, legalese-stuffed customer agreements to prevent customers from bringing lawsuits and joining together in class actions, but can that arbitration agreement be used to avoid legal liability for possible violations of federal civil rights law? According to one federal judge, yes. [More]

Michael

New Rules Aim To Make It Easier For Students To Seek Financial, Legal Relief From Failed Colleges

In the last few years, multiple for-profit college chains have closed with little or no warning given to their students, while others remain on the brink of closure. And many of the for-profit schools that remain bar wronged students from ever suing the college in a court of law. Today, the Department of Education finalized the massive overhaul of its “Borrower Defense” rules in an effort to make it easier for students to hold colleges financially and legally responsible for their actions. [More]

FCC To Propose Rules That Could Restore Consumers’ Right To Sue Phone, Broadband Providers

Jason Cook

While the big headline of this morning’s monthly FCC meeting was the release of the Commission’s final rules on broadband privacy, the agency’s leadership also let it be known that it’s planning to take on one of the industry’s most controversial issues: The right of consumers to have their day in court. [More]

Nursing Home Industry Files Lawsuit To Keep Preventing Patients From Filing Lawsuits

Nursing Home Industry Files Lawsuit To Keep Preventing Patients From Filing Lawsuits

Last month, the federal government issued new rules for nursing homes, barring most long-term care facilities from using forced arbitration agreements to stop new residents from filing lawsuits against the homes. Now nursing home operators and industry trade groups are challenging that rule by doing the one thing they want to prevent their patients from doing: going to court. [More]

New Rule Will Stop Many Nursing Homes From Stripping Residents Of Their Right To Sue

Freaktography

As we’ve written about previously, some nursing homes and other long-term care facilities use forced arbitration contracts to prevent their residents bringing a legal action against the home in a court of law. Today, the Department of Health and Human Services issued a new rule that will prohibit long-term care facilities that accept Medicare or Medicaid from forcing residents into arbitration. [More]

Appeals Court: Sorry Uber Drivers, You Signed Away Your Right To Sue Company

Uber

Just like a growing number of companies are quietly stripping consumers of their right to a jury trial, so too are employers using workers’ contracts to insert clauses that prevent them from bringing lawsuits in court. Yesterday, a federal appeals court ruled that most Uber drivers signed away their rights to pursue legal action against the company, putting multiple lawsuits — and a potential $100 million class action settlement — at risk. [More]

Lawyer: Employers Should Take Away Workers’ Right To Sue; Arbitrators “Know Where Their Bread & Butter Comes From”

SarahMcGowen

The Consumer Financial Protection Bureau is currently working on rules to stop banks, credit card issuers, and others from forcing customers to sign away their right to a jury trial. Opponents claim that this change will only benefit trial lawyers, but some candid advice from one lawyer shows exactly why these protections are needed — and who really stands to benefit. [More]

Adam Fagen

9-In-10 Big Banks Strip Customers Of Their Right To Jury Trial

If you ask someone on the street if they should have the right to sue their bank over something like an illegal overdraft fee, nearly everyone you speak to will invariably say yes. But a new report confirms that nearly all big banks are forcing customers to give up their right to a jury trial. [More]

inajeep

103 Lawmakers Come Out In Favor Of Revoking Banks’ “Get Out Of Jail Free” Card

In May, the Consumer Financial Protection Bureau proposed new rules for financial services companies that could severely limit their ability to sidestep legal liability by forcing wronged customers out of the courtroom and into the byzantine, unfair world of binding arbitration. Some in Congress recently tacked on some legislative pork to an appropriations bill that would prevent the CFPB from moving forward on these rules, but today more than 100 federal lawmakers came out to commend the Bureau for its efforts. [More]

From Credit Cards To Mail-Order Steaks: 87 Companies That Are Taking Away Your Right To Sue

From Credit Cards To Mail-Order Steaks: 87 Companies That Are Taking Away Your Right To Sue

A recent study by the Consumer Financial Protection Bureau found that even though most Americans have at least one financial product — checking accounts, credit cards, loans, investment accounts — that use forced arbitration clauses to strip the account-holder of their right to sue, very few of us know about these restrictions or understand what they mean. And as the list we’ve compiled shows, it’s not just banks that are playing the “get out of jail free” card with arbitration. [More]

Judge Shreds Uber; Says Company Can’t Prove Riders Are Giving Up Right To Sue

Judge Shreds Uber; Says Company Can’t Prove Riders Are Giving Up Right To Sue

Uber, like a large and growing number of companies, has a clause in its terms of use that prohibits customers from suing the company or joining together in any sort of class action against the ride-hailing service. However, a federal judge recently scolded Uber over this contractual gamesmanship and deemed this particular clause unenforceable because the company can’t prove that users actually agreed to these terms. [More]

Pokémon Go Strips Users Of Their Legal Rights; Here’s How To Opt Out

Pokémon Go Strips Users Of Their Legal Rights; Here’s How To Opt Out

Let’s be honest: just about every single one of us agrees to Terms of Service without ever reading what we’re signing away. It’s no different for craze-of-the-week Pokémon Go, a game with a clause in its terms that strips you of your right to file a lawsuit against the company. However, if you’re one of the many people who just started using the app in the last few days, you still have time to opt out and preserve your constitutional right to a jury trial. [More]

photographynatalia

House Passes Bill Allowing Banks To Continue Using “Get Out Of Jail Free” Card

A few months back, the Consumer Financial Protection Bureau proposed new rules that would limit how banks, credit card companies, and other financial services could shield themselves from legitimate lawsuits by forcing customers to sign away their constitutional rights. Now, the House of Representatives has passed an appropriations bill that, if signed, would stop the CFPB from enforcing these rules and give banks back their “get out of jail free” cards. [More]

Google Fiber Copies Comcast, AT&T; Forces Users To Give Up Their Legal Right To Sue

Discrete_Photography

Since its introduction in Kansas City, Google Fiber has presented itself as a disruptive force in the pay-TV and internet markets, offering high speeds for reasonable prices, and bringing new competition to markets generally dominated by a single provider. So it’s disappointing to learn that Fiber has decided to follow in the footsteps of AT&T, Comcast, Verizon, Time Warner Cable, and other reviled providers by quietly stripping its customers of their right to sue the company in a court of law. [More]