Banks are pushing back against a new report that continues to paint a negative picture of bank arbitration clauses just as the Consumer Financial Protection Bureau plans to restrict such agreements.

The Pew Charitable Trusts released data on Aug. 17 with results from surveys of both banks and consumers about the use of arbitration agreements. It found that, despite the looming restrictions, banks have actually increased adoption of mandatory arbitration clauses, with 72 percent of 29 banks included in the study using them for checking accounts, up from 59 percent in 2013.

"The survey questions are leading and they didn't lay a foundation for the consumers to know the truth, namely that class action lawsuits rarely are of any benefit to consumers," said Alan Kaplinsky, who leads Ballard Spahr's consumer financial services group and helped spur the widespread adoption of waivers that prohibit class participation more than three decades ago.