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Expert Analysis

The CFPB's Two Faces On Avoiding The Courts

Law360, New York (May 3, 2016, 10:57 AM EDT) -- The Consumer Financial Protection Bureau appears to have two positions on resolving legal disputes without going to court: it is unfair except when the bureau does it. As if to prove that point, the bureau has scheduled an upcoming field hearing on arbitration on May 5, just a few weeks after a panel on the U.S. Court of Appeals for the D.C. Circuit expressed concerns with the bureau's administrative enforcement proceeding against PHH Corp. The contrast is jarring because the bureau's harsh criticisms of arbitration agreements apply with similar force to its own use of administrative proceedings....

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