United States:
Congress Disapproves The CFPB's Anti-Class Action Arbitration Waiver Rule
30 October 2017
Carlton Fields
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Congress has adopted a joint resolution of disapproval of
the CFPB's arbitration rule under the
Congressional Review Act, 5 U.S.C. Section 801 et seq.
President Trump's approval of the joint resolution will
prevent the implementation of the rule. With the
disapproval of the rule, the CFPB's rule "may not be
reissued in substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued, unless the
reissued or new rule is specifically authorized by a law enacted
after the date of the joint resolution disapproving the original
rule." 5 U.S.C. Section 801(b)(2). While it seems
highly unlikely that the present Congress would approve the same or
similar rule, it is not known whether the CFPB will attempt to find
another way to implement a prohibition of class action arbitration
waivers.
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