US Consumer watchdog make it easier to sue banks

File picture: Independent Media

File picture: Independent Media

Published Jul 16, 2017

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Washington  - The US government's consumer watchdog finalised a rule that it will make it

easier for people to challenge financial companies in court.

Under the long-awaited rule from the Consumer Financial

Protection Bureau, companies will be banned from using agreements that block

consumers from joining group lawsuits. The rule also aims to increase awareness

about how consumers fare when they go to arbitration, since companies will be

required to report those outcomes to the CFPB.

"In practice, companies use these clauses to bar groups

of consumers from joining together to seek justice by vindicating their legal

right," said Richard Cordray, director of the Consumer Financial

Protection Bureau, during a call with reporters.

The agency is targeting arbitration clauses, little known

agreements that are frequently tucked into the fine print for credit cards,

bank accounts and other consumer products.

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As a condition for doing business, consumers often have to

sign away their right to join a class-action lawsuit, agreeing instead to

settle any disputes in a private process known as arbitration. Cordray

acknowledged Monday that the rule, which doesn't ban arbitration clauses

completely, is likely to face fierce opposition from Republicans seeking to

"nullify" the regulation.

The final rule was announced at a time when the Trump

administration is undergoing a broad effort to overhaul Obama-era regulations

affecting other aspects of consumers' financial lives, including their health

insurance, overtime pay and the investment advice they receive when saving for

retirement.

Supporters of the approach say the clauses can help

companies and consumers save money by minimizing legal costs. They also say

that many consumers have their disputes resolved fairly through arbitration,

sometimes receiving more relief when they go through arbitration than when they

take part in class-action lawsuits.

"This is a boon to the trial lawyers and a bust for

consumers," Richard Hunt, president of the Consumer Bankers Association

that represents retail banks, said in an interview.

Cordray said Monday that class-action lawsuits can help

increase awareness about harmful business practices that might not receive much

attention when they are addressed through arbitration, since companies were not

previously required to report those cases.

The director also said class-action lawsuits can be a way

for consumers to seek relief when they are owed small dollar amounts and cannot

afford to hire a lawyer. "Very few people have the time or the money to

fight on their own over a small amount of money," Cordray said.

The CFPB, which was created under the Dodd-Frank Act, is

facing intense scrutiny from Republicans and business groups who are calling

for Cordray to be fired and who argue that the agency has too much power.

The

agency is awaiting a decision on a court case that centres on whether the

president should be able to fire the agency's director at will, as opposed to

the current structure that says the director can only be removed for cause.

The agency has stayed busy since the election, rolling out

enforcement actions against companies that it says have misled or overcharged

consumers. The targets included well-known names, such as the credit reporting

bureau Experian, mortgage company Ocwen and student loan servicer Navient.

The rule is expected to be published in the federal register

in the next week or two. It will take effect 241 days, or about eight months,

after that.

WASHINGTON POST 

 

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