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Regulation

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

By Beth Graham - July 30, 2019
The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States.

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Deregulating Arbitration

By Beth Graham - November 6, 2017
David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming.

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New Treasury Department Report Recommends SEC Allow Shareholder Arbitration

By Beth Graham - October 10, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial market rules.  The report titled “A Financial System That Creates Economic Opportunities Capital Markets” was prepared in response to Executive Order 13772, which was issued in early February.

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Lawsuit Seeks to Halt CPFB Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - September 30, 2017
Yesterday, the United States Chamber of Commerce and a coalition of corporate business lobbying groups filed a lawsuit in the Northern District of Texas seeking to enjoin the Consumer Financial Protection Bureau (“CFPB”) from enforcing a new rule that prohibits most financial service providers from requiring consumers to sign mandatory arbitration agreements that bar class-action lawsuits. 

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CFPB Director Pens NYT Op-Ed Addressing New Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - August 24, 2017
On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in the New York Times in response to recent attempts by lawmakers to repeal a new CFPB arbitration rule. 

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U.S. House Passes Measure to Repeal New CFPB Arbitration Rule

By Beth Graham - July 26, 2017
Yesterday, the United States House of Representatives voted 231 to 190 to repeal a new Consumer Financial Protection Bureau (“CFPB”) rule that prohibits most financial service providers such as banks and credit card issuers from requiring consumers to sign mandatory arbitration agreements that bar class-action lawsuits.

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CPFB Issues Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - July 17, 2017
Last week, the Consumer Financial Protection Bureau (“CFPB”) finalized a new rule that prohibits most credit card issuers and banking institutions from requiring consumers to enter into mandatory arbitration agreements that bar collective action lawsuits. 

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U.S. Dept. of Ed. Reconsidering Regulation Banning Pre-Dispute Arbitration Agreements in Higher Education

By Beth Graham - June 16, 2017
On Wednesday, the United States Department of Education announced that it would postpone the Borrower Defense to Repayment (“BDR”) final regulation that was scheduled to become effective on July 1, 2017.

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CMS Issues Proposed New Rule on Nursing Home Pre-Dispute Arbitration Agreements

By Karl Bayer - June 7, 2017
The Centers for Medicare and Medicaid Services (CMS), an arm of the US Department of Health and Human Services, released an announcement on June 5th withdrawing its 2016 Rule prohibiting pre-dispute arbitration agreements for long-term care nursing home contracts.

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FINRA Arbitration Panel Awards Investor $1 Million in Damages Over Broker’s Misleading Statements

By Beth Graham - April 17, 2017
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly awarded an investor more than $1 million due to a securities broker’s misleading statements.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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