The Consumer Financial Protection Bureau today released a report looking at the use of arbitration agreements in consumer financial products, finding that roughly nine out of 10 clauses allow banks to prevent consumers from participating in class actions, and that almost no consumers actually use arbitration to resolve financial disputes.
While tens of millions of people are subject to arbitration clauses in their credit card, checking account, payday loan and prepaid card agreements, the agency found that consumers filed an average of just 300 disputes in these markets each year between 2010 and 2012 with the American Arbitration Association.
During that same time period, consumers filed more than 3,000 federal court cases about credit card issues alone, including more than 400 class actions.
Since July 2009, more than 13 million class members made claims or received payments for class actions involving credit cards, deposit accounts, or payday loans, and 3,605 individuals opted out, according to the CFPB.


