Congress has adopted a joint resolution of disapproval of under the Congressional Review Act, 5 U.S.C. Section 801 et seq. President Trump’s approval of the joint resolution will prevent the implementation of the rule. With the disapproval of the rule, the CFPB’s rule “may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule.” 5 U.S.C. Section 801(b)(2). While it seems highly unlikely that the present Congress would approve the same or similar rule, it is not known whether the CFPB will attempt to find another way to implement a prohibition of class action arbitration waivers.
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