The U.S. Supreme Court upheld the use of class action waivers in consumer arbitration agreements in 2011. Nevertheless, the Consumer Financial Protection Bureau (CFPB) has begun rulemaking on consumer arbitration and is considering rules that would prohibit the use of such waivers. Under the Dodd-Frank Act, any such regulation must be consistent with the findings in the CFPB’s empirical study of consumer arbitration agreements issued in March, but the study shows that arbitration is far more beneficial to consumers than class action litigation. Please join us for a discussion of what the CFPB is proposing and how it could affect you.


  • The background of the CFPB’s arbitration rulemaking
  • The arbitration SBREFA panel
  • The CFPB’s proposed rules on consumer arbitration agreements
  • When a proposed rule might become effective
  • Possible legal challenges to a ban on class action waivers
  • What you can do now to maximize the utility of your class action waiver
  • What you should do now if you don’t have a class action waive

DATE and Time

Tuesday, December 8, 2015
12:00 PM - 1:00 PM ET


Alan S. Kaplinsky, Practice Group Leader
Consumer Financial Services Group

Mark J. Levin, Partner
Consumer Financial Services Group

This program is open to Ballard Spahr clients and members interested in consumer arbitration agreements. There is no cost to attend. This program is not eligible for continuing education credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Lisa M. Prickril at