In a Bind about CFPB's Arbitration Rule?
Don't be. At least Republican lawmakers are certainly not. On Tuesday, the U.S. House of Representatives voted overwhelmingly, 231-190, to eliminate the CFPB's final rule arbitration rule using a procedural mechanism called the Congressional Review Act.
The Congressional Review Act allows both houses of Congress to vote on resolutions of disapproval within 60 legislative days of a proposed rule being published in the Federal Register. Under the CRA, the resolution can be brought to the House floor without going to a committee vote, and does not need a filibuster-proof, 60 vote majority to pass in the Senate. If the President signs the resolution, the CFPB would be barred from developing a regulation that is substantially similar to the one disapproved unless Congress specifically authorizes it.
Once considered a procedural statute used rarely, the CRA has already been used—passed both chambers and signed by the President—to pull back regulations at least 14 times since Donald Trump took office. The subject matters are varied and come from all kinds of agencies, including the Securities and Exchange Commission.
If you're wondering whether this legislation is a hit piece on the CFPB, the answer is maybe not. Representative Tom Graves (R-GA) introduced a resolution to disapprove the CFPB's prepaid card rule, but it did not come to a vote in the House. The reality is that the arbitration rule so vastly exposes financial industry participants—of many different shapes and sizes—to class actions, that the support to pull the arbitration rule back is overwhelming.
So, the odds are pretty good nothing about CFPB's Arbitration Rule is going to be binding.
Related Capabilities
Featured Insights

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee


