,,ii  #aagth ,,congress  #b;d ,session  
,s4 #cgee  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #c1     
#bjbb,mr4 ,brown 7for himself1 ,mr4     
,schatz1 ,mr4 ,warnock1 ,ms4 ,warren1   
,mr4 ,menendez1 ,mr4 ,van ,hollen1 ,mrs4
 ,feinstein1 ,mr4 ,sanders1 ,mr4        
,markey1 ,mr4 ,reed1 ,mr4 ,blumenthal1  
,mr4 ,padilla1 ,mr4 ,wyden1 ,mr4        
,whitehouse1 ,ms4 ,hirono1 ,ms4         
,klobuchar1 ,ms4 ,cortez ,masto1 ,mr4   
,durbin1 ,mr4 ,booker1 ,mr4 ,casey1 and 
,mrs4 ,gillibrand7 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 a future consumer  

financial product or service dispute2   
and  7#b7 prohibit agreements and       
practices that interfere with the right 
of consumers 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#ab ,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 a comparable rule or      
provision of ,state law4  7#b7 ,consumer
 dispute ,the term consumer dispute     

means a dispute relating to a consumer  
financial product or service between--  
7,a7 a consumer1 including a consumer   
who seeks certification as a class under
 rule #bc of the ,federal ,rules of     
,civil ,procedure or a comparable rule  
or provision of ,state law2 and  7,b7 a 
covered person4  7#c7 ,predispute       
arbitration agreement ,the term         
predispute arbitration agreement means  
an agreement to arbitrate a consumer    
dispute that has not yet arisen at the  
time of the making of the agreement4    
7#d7 ,predispute joint-action waiver    
,the term predispute 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 consumer 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 dispute4  7#b7              
,applicability  7,a7 ,in general ,an    
issue as to whether this section applies
 with respect to a consumer dispute     
shall be determined under ,federal law4 
7,b7 ,determination ,the applicability  
of this section 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-- 7i7 whether the party 
resisting arbitration challenges the    
arbitration agreement specifically or in
 conjunction with other terms of the    
contract containing the agreement2 and  
7ii7 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 7,public ,law #aaa-bjc2
 #abd ,stat4 #acgf7 is amended by       
inserting after the item relating to    
section #ajcf the following3  ,sec4     
#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 consumer      
dispute or claim that arises or accrues 
on or after the date of enactment of    
this ,act4