The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers. In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to:

1. bar class action waivers in mandatory pre-dispute arbitration clauses, rendering “inapplicable” any consumer arbitration agreement that purports to bar participation in a “case filed in court on behalf of a class” (but not, presumably, a case filed in arbitration on behalf of a class);
2. require reporting to the CFPB of initial claim filings and written awards of consumer finance arbitration proceedings; and
3. publishing the claims and awards thus gathered to the Bureau’s public web site.

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