Heidi Heitkamp on Corporations

Supports Consumer Financial Protection Bureau, with reforms

Kevin Cramer (R): Yes. Considered it regulatory overreach.

Heidi Heitkamp (D): Eased financial regulations for smaller banks, but opposes further easing rules.

Fought attempt to weaken ND bank privacy laws

Restrict corporate use of consumer mandatory arbitration.

Excerpts from Letter from 35 Senators to the CFPB: We write to commend the Consumer Financial Protection Bureau (CFPB) for its proposed rule to limit the use of mandatory, pre-dispute ("forced") arbitration clauses in consumer financial product and service contracts. Every day, Americans across the country are forced to sign away their constitutional right to access the courts as a condition of purchasing common products and services like credit cards, checking accounts, and private student loans. Binding arbitration is a privatized justice system that studies show consistently produces results that favor large corporations and offers no meaningful appeals process. As a result, consumers are left without redress, and companies are unaccountable for their unscrupulous behavior.

Opposing freedom argument: (Cato Institute, "ATLA monopoly," May 2002): The trial lawyers new goal is to tighten their monopoly grip on the court system, and prevent the rest of us from choosing a more efficient means of resolving our disputes. Arbitration is simply private court. Lawyers with a vested interest in a monopoly court system are trying to stop the arbitration business from developing. But there's nothing forced or mandatory about it. Contracts are the result of choice. People should be free to choose for themselves what contracts to make and what rights to give up.

Opposing economic argument: (Heritage Foundation, "The Unfair Attack on Arbitration," July 17, 2013): Any study by the Consumer Financial Protection Bureau should examine whether a limit on arbitration would:

• Drive up the costs of consumer products;
• Decrease the ability of consumers or businesses to pursue claims, particularly low-value claims;
• Increase the volume of frivolous litigation filed just to obtain settlements; and
• Decrease the availability of consumer products.