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Pew report on checking account arbitration draws questionable conclusions

Ballard Spahr LLP
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USA
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December 3 2012

The Pew Charitable Trusts has released a report on the use of arbitration clauses by banks in checking account agreements

CFPB releases comments on arbitration study

Ballard Spahr LLP
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USA
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June 28 2012

Earlier this week, we shared the comment letter that was filed jointly by the American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable in response to the CFPB’s Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements

Trade groups comment on CFPB arbitration study

Ballard Spahr LLP
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USA
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June 25 2012

The American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable have filed a joint comment letter responding to the CFPB’s Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements

CFPB launches study of consumer arbitration

Ballard Spahr LLP
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USA
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April 24 2012

The Consumer Financial Protection Bureau announced today that is has initiated its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act

Arbitration is off the CFPB back burner

Ballard Spahr LLP
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USA
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March 23 2012

Section 1028 of Dodd-Frank requires the CFPB to conduct a study of the use of pre-dispute arbitration provisions in consumer financial services contracts

Third time not a charm for class action waivers in 2nd Circuit

Ballard Spahr LLP
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USA
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February 3 2012

Revisiting its opinion in Italian Colors Restaurant v. American Express Travel Related Services Co. for the third time, the Second Circuit held on February 1, 2012 that a class action waiver in an arbitration agreement cannot be enforced if it would effectively preclude the assertion of federal antitrust claims

3rd Circuit: FAA preempts N.J. law on class action waivers

Ballard Spahr LLP
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USA
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August 25 2011

In the first federal appeals court decision to apply AT&T Mobility LLC v. Concepcion to a non-AT&T Mobility arbitration agreement, the U.S. Court of Appeals for the Third Circuit has held that the Federal Arbitration Act preempts New Jersey law prohibiting the enforcement of class action waivers in certain small-dollar cases

Client compels individual arbitration of debit card overdraft fee claims

Ballard Spahr LLP
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USA
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December 7 2010

A federal district court in Minneapolis has enforced the class action waiver in TCF National Bank's checking account arbitration provision and granted the bank's motion to compel individual arbitration of claims that the bank violated Minnesota law by charging excessive overdraft fees in debit card ATM and retail POS transactions

Federal court enforces class action waiver on motion to compel arbitration filed by debt buyer

Ballard Spahr LLP
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USA
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July 28 2010

The decision in Wood v. Palisades Collection LLC, No. 09-4627 (D.N.J), issued July 22, 2010, underscores the need for a debt buyer sued in a class action to review carefully the original credit card agreement and all change-in-terms notices to ascertain whether there is a binding arbitration agreement

FTC recommends changes for debt-collection litigation and arbitration

Ballard Spahr LLP
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USA
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July 16 2010

The Federal Trade Commission has concluded that significant reforms are necessary to make the nation's current debt-collection litigation and arbitration system efficient and fair for consumers