News & Events

Consumer Arbitration Agreements and Class Action Waivers: Treatment and Enforceability, CFPB Interest and Potential Crackdown

Location: InterContinental Mark Hopkins, San Francisco, CA
Date: October 23, 2014

Click here for more information on this event.

Jeff Pilgrim and Matthew Wessler (Public Justice, P.C) discuss the consumer and industry perspectives on the treatment and enforceability of consumer arbitration clauses and class action waivers, including the CFPB’s study of arbitration under Dodd-Frank.

Event Highlights:
ACI’s 20th Conference on Consumer Finance Class Actions & Litigation will provide attendees with the latest insights and expert advice from its exceptional faculty on new class action trends, emerging theories of liability, the latest enforcement actions and regulatory initiatives, and the most effective defense and settlement strategies. Sessions include:

• CFPB’s enhanced oversight and heightened scrutiny of the consumer finance industry
• Effect of UDAAP standards on the consumer finance litigation landscape
• Consumer finance class action & mass action developments and settlements
• View from federal and state agencies on the latest regulatory, supervision, investigation and enforcement initiatives, examination procedures, and Attorneys General lawsuits against financial services companies
• Consumer arbitration agreements/clauses and class action arbitration waivers in the consumer context
• Residential mortgages: new loan modification litigation risks arising out of CFPB’s mortgage servicing rules, evolving theories of recovery for HAMP litigation, claims involving lender placed insurance and option ARMs, foreclosure standing, defenses and stall tactics, RESPA mortgage servicing rules, and beyond
• The CA Homeowner’s Bill of Rights: assessing its current impact on the industry
• Debt collection liabilities and credit reporting litigation and enforcement actions: effective defense strategies for new and emerging claims and government enforcement actions arising from TCPA, FCRA, and FDCPA
• Fair lending: “disparate impact” claims as litigation and enforcement game changers and defending and managing the latest claims of discriminatory lending
• Auto lending: CFPB enhanced scrutiny of fair lending issues and endorsement of disparate impact theory, and the latest litigation targets in the auto financing industry including dealer “participation”/“markup” claims and discretionary dealer pricing in indirect auto lending programs
• Student loans: defending against the latest claims, including those involving cohort default rates
• Defending and managing claims relating to overdraft fees, credit, debit and prepaid cards, bank add-on services and products, retail banking & emerging payment models and enhanced government scrutiny over payday loans and deposit advance loans