Title 12Banks and BankingRelease 119-73not60

§5518 Authority to Restrict Mandatory Pre-dispute Arbitration

Title 12 › Chapter 53— WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter V— BUREAU OF CONSUMER FINANCIAL PROTECTION › Part B— General Powers of the Bureau › § 5518

Last updated Apr 3, 2026|Official source

Summary

The Bureau must study and report to Congress about how companies use agreements that force consumers into arbitration for future disputes over consumer financial products or services. After that study, the Bureau can make rules that ban or limit those pre-dispute arbitration agreements between covered persons and consumers if it finds the rules protect consumers and are in the public interest, and the rules must be based on the study. The Bureau cannot stop a consumer from agreeing to arbitration after a dispute starts. Any rule it makes will apply to agreements signed after the rule goes into effect plus 180 days.

Full Legal Text

Title 12, §5518

Banks and Banking — Source: USLM XML via OLRC

(a)The Bureau shall conduct a study of, and shall provide a report to Congress concerning, the use of agreements providing for arbitration of any future dispute between covered persons and consumers in connection with the offering or providing of consumer financial products or services.
(b)The Bureau, by regulation, may prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers. The findings in such rule shall be consistent with the study conducted under subsection (a).
(c)The authority described in subsection (b) may not be construed to prohibit or restrict a consumer from entering into a voluntary arbitration agreement with a covered person after a dispute has arisen.
(d)Notwithstanding any other provision of law, any regulation prescribed by the Bureau under subsection (b) shall apply, consistent with the terms of the regulation, to any agreement between a consumer and a covered person entered into after the end of the 180-day period beginning on the effective date of the regulation, as established by the Bureau.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the designated transfer date, see section 1029A of Pub. L. 111–203, set out as a note under section 5511 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5518

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60