• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons

2

MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing

3

Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says

1

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons

2

MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing

3

Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says
Commentaryarbitration

The Senate Just Voted to Protect Banks. But It’s Actually a Win for You.

By
Norbert Michel
Norbert Michel
and
Bethany Cianciolo
Bethany Cianciolo
Down Arrow Button Icon
By
Norbert Michel
Norbert Michel
and
Bethany Cianciolo
Bethany Cianciolo
Down Arrow Button Icon
October 26, 2017, 2:58 PM ET
President Trump Meets With Senate GOP During Their Weekly Policy Luncheon Meeting
Senate Majority Leader Mitch McConnell, a Republican from Kentucky, speaks to members of the media after a Senate Republican policy luncheon at the U.S. Capitol in Washington, D.C., on Tuesday, Oct. 24, 2017. President Donald Trump asked Senate Republicans for a show of hands in support of potential nominees for chairman of the Federal Reserve as he took part in a lunch meeting Tuesday with the fractious caucus, two lawmakers said. Photographer: Olivier Douliery/Bloomberg via Getty ImagesOlivier Douliery/Bloomberg via Getty Images

January 2017 marked the start of the first serious effort at federal deregulation in decades. Yet the massive pile of Dodd-Frank rules has remained largely untouched—until this week.

On Tuesday night, the Senate exercised its power under the Congressional Review Act (CRA) to repeal Dodd-Frank’s controversial arbitration rule, which would have banned many financial consumers from using arbitration to resolve disputes.

Supporters of the rule fought the repeal effort tooth and nail. Without the arbitration provision in place, they said, consumers would be helpless in the face of corporate fraud or malfeasance.

In the end, however, their alarmist tactics failed to convince. And rightfully so. The arbitration rule really never had anything to do with the Wells Fargo fraud case or the Equifax data breach.

The rhetoric of Sen. Elizabeth Warren (D-Mass.) notwithstanding, striking down this rule does not make it easier for banks to cheat people. With or without the arbitration rule, fraudulent behavior would still be illegal.

Nor does killing this rule force consumers to forfeit their right to take a bank to court. Yes, signing an agreement with a mandatory arbitration clause limits a consumer’s ability to take a bank to court to resolve certain disputes, but nobody forces anyone to sign such an agreement.

It is just as much the banks’ right to ask consumers to sign contracts with these clauses as it is consumers’ right to refuse. When this arrangement is a problem, bank customers can simply take their business elsewhere.

The Consumer Financial Protection Bureau (CFPB) appears to think it exists to protect consumers from themselves. But preserving mandatory arbitration clauses preserves business owners’ and consumers’ right to resolve disputes as they see fit. Though CFPB bureaucrats beg to differ, most people have recognized that arbitration allows them to come out ahead by avoiding class-action lawsuits, especially for small dollar disputes.

What was particularly disturbing about the CFPB’s ban on arbitration agreements is that the bureau’s own study does not support the action. And Dodd-Frank, the law that created the bureau, specifically directed it to limit or prohibit arbitration clauses only after a study provided evidence to support such actions.

Consider the portion of the CFPB study that deals with arbitration agreements in credit card contracts. Here, the CFPB asked consumers what they would do if their card company refused to remove wrongly assessed fees. A clear majority, 57% of respondents, said they would cancel their card; only 1% said they would seek legal advice.

More broadly, the CFPB’s own study shows that consumers recover, on average, $5,389 when using arbitration. Contrast that to the average $32.35 recovered when using class-action suits.

Class-action lawsuits are notoriously poor in producing satisfied customers. Many times, aggrieved consumers wind up with nothing more than coupons. The trial lawyers, on the other hand, collect enormous fees.

Based on its own study, the CFPB’s arbitration rule would have been a gift to class-action lawyers, allowing them to reap windfalls while their clients are left counting coupons.

 

At the very least, the CFPB’s evidence suggests that consumers are far less concerned about the issue than are professional regulators and members of the trial bar.

But the facts of the matter are clear. For consumers, arbitration is more cost-effective than using the courts. This explains why there has been no push by consumers to stop companies from using these arbitration agreements.

In repealing the CFPB rule, Congress did the right thing. It preserved the freedom to enter into contracts and ensured that well-connected trial lawyers can’t force customers to bear the high cost of class-action lawsuits. That’s real consumer financial protection, and striking down this rule was a victory for consumers.

Norbert Michel is the director of The Heritage Foundation’s Center for Data Analysis.

About the Authors
By Norbert Michel
See full bioRight Arrow Button Icon
By Bethany Cianciolo
See full bioRight Arrow Button Icon

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

wc
CommentaryWorld Cup
The World Cup is coming to the U.S. — so where are the international travelers?
By Evan SaundersJune 5, 2026
16 hours ago
mc
Commentarydisruption
What AI is actually good for
By Maria ColacurcioJune 5, 2026
17 hours ago
sam
CommentaryTaxes
Sam Altman, Mark Cuban and Elizabeth Warren are wrong: the tax code doesn’t need an apocalypse clause
By Daniel Bunn and Alex MuresianoJune 5, 2026
20 hours ago
What Alix Earle knows about business that many of my Harvard Business School students don’t get
CommentaryFortune Media Network
What Alix Earle knows about business that many of my Harvard Business School students don’t get
By Reza SatchuJune 4, 2026
2 days ago
as
CommentaryVenture Capital
The most contrarian and durable bet in AI is 85 million moms
By Allison SternJune 3, 2026
3 days ago
adc
CommentaryLeadership
AI is turning workers into superhumans. Their leadership teams haven’t kept up
By Adrienne Down CoulsonJune 2, 2026
4 days ago

Most Popular

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons
AI
AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons
By Marco Quiroz-GutierrezJune 5, 2026
21 hours ago
MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing
Success
MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing
By Sydney LakeJune 5, 2026
22 hours ago
Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says
Economy
Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says
By Nick LichtenbergJune 5, 2026
22 hours ago
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
Cybersecurity
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
By Sasha RogelbergJune 3, 2026
3 days ago
Current price of oil as of June 5, 2026
Personal Finance
Current price of oil as of June 5, 2026
By Joseph HostetlerJune 5, 2026
16 hours ago
10,000 Boomers a day, $39 trillion in debt, and no benefit cuts: Bessent stakes Social Security on the Trump economy
Economy
10,000 Boomers a day, $39 trillion in debt, and no benefit cuts: Bessent stakes Social Security on the Trump economy
By Nick LichtenbergJune 4, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.