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Senate Restores Forced Arbitration, Undermines Data Protection

The Senate voted 51-50 (with Vice President Pence breaking the tie) to repeal the CFPB rule that prevented financial companies from forcing consumers into individual arbitration. Fine-print arbitration clauses in consumer contracts have proliferated ever since a pair of Supreme Court rulings held that courts must enforce these clauses. Equifax generated public outrage after its breach when it lured consumers into signing away their rights to sue the company. As the CFPB found, arbitration clauses that ban class actions inhibit consumers from obtaining meaningful relief and holding financial institutions like Equifax and Wells Fargo accountable when they break the law. Senators Franken (D-MN) and Leahy (D-VT) have introduced legislation that would prohibit companies from denying individuals their right to go to court. EPIC President recently testified before the Senate Banking Committee on the Equifax data breach. Rotenberg said, the "company tried to trick consumer into an arbitration agreement, guaranteeing that there would be few legal remedies for consumers following the breach."

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