P&A Providers & Administrators
MenuMENU
SearchSEARCH

CFPB Releases Preliminary Arbitration Research

December 13, 2013
3 min to read


Washington — The Consumer Financial Protection Bureau (CFPB) released preliminary research on the use of arbitration clauses in connection with consumer financial products and services. The study found that more than 90 percent of the arbitration clauses examined by the bureau explicitly bar consumers from participating in class arbitrations.


“If you were to look in your wallet right now, the chances are high that one or more of your credit cards, debit cards or prepaid cards would be subject to a pre-dispute arbitration clause,” said CFPB Director Richard Cordray during a field hearing on arbitration in Dallas today.

Ad Loading...


The bureau was created with the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Under the act, the CFPB is required to study the use of pre-dispute arbitration contract provisions in connection with the offering of consumer financial products or services, and to provide a report to Congress. The preliminary research released Wednesday is part of an ongoing study.


Consumer advocates have long argued that arbitration clauses hurt consumers, as arbitrators often side with the company or service provider during a dispute. The CFPB’s research found that arbitration clauses were also significantly more daunting to consumers than the credit card agreements associated with them.


“Regardless of who was using them, arbitration clauses in credit card agreements were almost always more complex and written at a more demanding grade level of readability than the other parts of the contracts we studied,” Cordray noted. “In fact, in every case, the rest of the credit card contract scored better in terms of readability than did its arbitration clause considered alone.”


The research concluded that very few consumers use arbitration at all, at least when compared to the number of consumers involved in lawsuits and class actions. In the second phase of the bureau’s study, “we will look to see what happens to arbitration filings and endeavor to compare what we see happening in arbitration to what we see happening in litigation, including class litigation,” Cordray added.


Earlier this year, Tom Hudson predicted that the CFPB would ultimately eliminate arbitration agreements from auto transactions as a result of its review of such agreements. Like other auto industry members, he suggested that the CFPB’s first move would be to eliminate arbitration agreements from auto transactions. Instead, the bureau targeted rate markups first.

Ad Loading...


“The smart money says we’ll see an across-the-board prohibition of arbitration agreements in connection with consumer financial services,” Hudson wrote in February.


The research released this week did not touch on auto finance, instead focusing on credit cards and bank cards.


“Another thing I noted was that the bureau’s listing of the various anti-consumer features, or lack of pro-consumer features, of the arbitration agreements that it had found in these other product areas will make the arbitration provisions in common use in the vehicle finance market look very consumer-friendly by comparison,” Hudson said.

More Industry

Photo of gray SUV plugged into public electric-vehicle charger in parking lot
Industryby Hannah MitchellJuly 21, 2026

World EV Adoption Set to Grow

A new report says the segment, despite recent setbacks in some regions, is poised for acceleration as many countries look to reduce pollution.

Read More →
Bar chart of truck and SUV segments' weekly value change
Industryby StaffJuly 21, 2026

Black Book: Weekly Market Update

Wholesale automotive auction business stayed steady last week as bidders encountered lower prices, analysts observed.

Read More →
laptop with blue car on screen on a shopping website, Clear Costs Convert
Industryby Lauren LawrenceJuly 21, 2026

Pricing Transparency Drives Purchase Consideration

An annual study by JD Power found that clear pricing matters to consumers on automaker websites, so much so that it increases their purchase consideration.

Read More →
Ad Loading...
Bar graphic of used-car segment weekly change
Industryby StaffJuly 14, 2026

Black Book: Weekly Market Update

Used-vehicle market depreciation was the prevailing story in the wholesale market last week.

Read More →
Light-blue Fiat car parked on a sunny Chicago street
Industryby Hannah MitchellJuly 14, 2026

Smaller Is Looking Better

A growing number of Americans in the market for a new vehicle are opting for more affordable options, not waiting for market stability to bite the bullet.

Read More →
man sitting at desk using calculator with charts in front of him, to-go coffee cup on desk, rising and falling data chart in front
Industryby Lauren LawrenceJuly 14, 2026

U.S. EV Market Slowly Stabilizes

U.S. electric-vehicle interest is slowly stabilizing since a major dip in sales after last year's end of the federal EV tax credit, and hybrids remain the leading electrified power train.

Read More →
Ad Loading...
blue background, map of the world with connecting lights and an electric vehicle emblem in the middle
Industryby Lauren LawrenceJuly 8, 2026

Global EV Market Entering New Phase

Automakers are making investments to lower battery costs and optimize production to meet changing consumer needs.

Read More →
Bar chart showing week-over-week wholesale automotive price change
Industryby StaffJuly 7, 2026

Black Book Weekly Market Update

The holiday weekend, not surprisingly, put a drag on wholesale automotive activity last week, analysts observed.

Read More →
Photo of Honda CR-V SUV on two-lane road next to roadside trees
Industryby Hannah MitchellJuly 1, 2026

Auto Affordability in Context

Cox Automotive points out the complex circumstances that have led to eye-popping vehicle prices.

Read More →
Ad Loading...
Line chart of used-vehicle days to turn over past week
Industryby StaffJune 30, 2026

Black Book: Weekly Market Update

Automotive auction inventory increased last week, giving choosy bidders even more leeway.

Read More →