,,ii  #aafth ,,congress  #ast ,session  
,s4 #fcj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bh1 #bjai
 ,mr4 ,brown introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,banking1 ,housing1
 and ,urban ,affairs  ,a ,,bill  ,to    
amend the ,consumer ,financial          
,protection ,act of #bjaj with respect  
to arbitration4  #a4 ,short title  ,this
 ,act may be cited as the ,arbitration  
,fairness for ,consumers ,act4  #b4     
,purposes ,the purposes of this ,act are
 to-- 7#a7 prohibit predispute          
arbitration agreements that force       
arbitration of future consumer financial
 product or service dispute2 and  7#b7  
prohibit agreements and practices that  
interfere with the right of individuals 
and small businesses to participate in a
 joint1 class1 or collective action     
related to a consumer financial product 
or service dispute4  #c4 ,no validity or
 enforceability of predispute           
arbitration agreements or joint-action  

waivers  7a7 ,in general ,subtitle ,c of
 the ,consumer ,financial ,protection   
,act of #bjaj 7#ab ,u4,s4,c4 #eeca et   
seq47 is amended by inserting after     
section #ajcf 7#ae ,u4,s4,c4 #eecf7 the 
following3  #ajcf;,a4 ,no validity or   
enforceability of predispute arbitration
 agreements or joint-action waivers  7a7
 ,definitions ,in this section3 7#a7    
,class action ,the term class action    
means a lawsuit in which #a or more     
parties seek or obtain class treatment  
pursuant to rule #bc of the ,federal    
,rules of ,civil ,procedure or          
comparable rule or provision of ,state  
law4  7#b7 ,consumer dispute ,the term  
consumer dispute means a dispute        
between-- 7,a7 an individual1 including 
an individual who seeks certification as
 a class under rule #bc of the ,federal 
,rules of ,civil ,procedure or a        
comparable rule or provision of ,state  
law1 who for personal1 family1 or       
household purposes1 seeks or acquires-- 
7i7 real or personal property2  7ii7    

services1 including services related to 
digital technology2  7iii7 securities or
 other investments2  7iv7 money2 or  7v7
 credit2 and  7,b7 the seller or        
provider of such property1 services1    
securities or other investments1 money1 
or credit1 including a third party      
involved in the selling1 providing of1  
payment for1 receipt or use of          
information about1 or other relationship
 to any such property1 services1        
securities or other investments1 money1 
or credit4  7#c7 ,predispute arbitration
 agreement ,the term predispute         
arbitration agreement means an agreement
 to arbitrate a dispute that has not yet
 arisen at the time of the making of the
 agreement4  7#d7 ,pre-dispute          
joint-action waiver ,the term           
pre-dispute joint-action waiver means an
 agreement1 whether or not part of a    
predispute arbitration agreement1 that  
would prohibit1 or waive the right of1  
one of the parties to the agreement to  
participate in a joint1 class1 or       

collective action in a judicial1        
arbitral1 administrative1 or other      
forum1 concerning a dispute that has not
 yet arisen at the time of the making of
 the agreement4  7b7 ,no validity or    
enforceability of predispute arbitration
 agreements or joint-,action waivers    
7#a7 ,in general ,notwithstanding any   
other provision of law1 no predispute   
arbitration agreement or predispute     
joint-action waiver shall be valid or   
enforceable with respect to a consumer  
dispute between a covered person and a  
consumer that relates to a consumer     
financial product or service4  7#b7     
,applicability ,an issue as to whether  
this section applies with respect to a  
dispute shall be determined under       
,federal law4 ,the applicability of this
 chapter to an agreement to arbitrate   
and the validity and enforceability of  
an agreement to which this section      
applies shall be determined by a court1 
rather than an arbitrator1 irrespective 
of whether the party resisting          

arbitration challenges the arbitration  
agreement specifically or in conjunction
 with other terms of the contract       
containing the agreement1 and           
irrespective of whether the agreement   
purports to delegate such determinations
 to an arbitrator4  4  7b7 ,technical   
and conforming amendments ,the table of 
contents for the ,dodd-,frank ,wall     
,street ,reform and ,consumer           
,protection ,act is amended by inserting
 after the item relating to section     
#ajcf the following3  #ajcf;,a4 ,no     
validity or enforceability of predispute
 arbitration agreements or joint-action 
waivers4  4  #d4 ,applicability ,this   
,act1 and the amendments made by this   
,act1 shall apply with respect to any   
dispute or claim that arises or accrues 
on or after the date of enactment of    
this ,act4