In several blog posts and a legal alert, we have written about the Dodd-Frank requirement for the CFPB to conduct a study of the use of arbitration in consumer financial services agreements.  We also discussed our role on behalf of industry trade groups in preparing a comment letter to the CFPB related to the study.  Based on the study, the CFPB can limit or prohibit the use of arbitration. 

Together with my partners Mark Levin and Marty Bryce, I have written an article for the American Bar Association’s 2013 Annual Survey of Consumer Financial Services Law on “Arbitration Developments: Post-Concepcion-The Debate Continues.”  The article, which was published in the February 2013 issue of The Business Lawyer, includes a section on the CFPB’s study.