17 CFR 166.5 - Dispute settlement procedures

Cite as17 CFR 166.5
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15 practice notes
  • Arbitration Agreements
    • United States
    • Federal Register May 24, 2016
    • May 24, 2016
    ...withdrew its arbitration provision. \110\ Arbitration or Other Dispute Settlement Procedures, 41 FR 42942, 42946 (Sept. 29, 1976); 17 CFR 166.5(b). \111\ See Kenneth Harney, Fannie Follows Freddie in Banning Mandatory Arbitration, Wash. Post., Oct. 9, 2004, available at Since 1975, FTC regu......
  • Intl Fcstone Fin. Inc. v. Jacobson, Nos. 19-2111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • February 24, 2020
    ..."accounts, agreements ... and transactions involving ... contracts of sale of a commodity for future delivery"). FCStone pointed to 17 C.F.R. § 166.5 and reasoned that the CFTC adopted that provision to govern arbitration agreements over CFTC-regulated disputes. See 17 C.F.R. § 166.5(b) – (......
  • Behrens v. JPMorgan Chase Bank, 16-cv-5508 (VSB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 31, 2019
    ...2012 WL 3930647, at *7 (S.D.N.Y. Aug. 30, 2012). Furthermore, Plaintiffs seek to invalidate the arbitration provisions pursuant to 17 C.F.R. § 166.5. However, that statute applies only to a “Commission registrant”-a person registered under the CEA as a futures commission merchant, retail fo......
  • Retail Foreign Exchange Transactions (Regulation NN)
    • United States
    • Federal Register April 09, 2013
    • April 9, 2013
    ...similar to the final rule adopted by the FDIC. --------------------------------------------------------------------------- \36\ See 17 CFR 166.5. The CFTC's regulation permits predispute dispute settlement agreements with a customer with certain restrictions such as that signing the agreeme......
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7 cases
  • Intl Fcstone Fin. Inc. v. Jacobson, Nos. 19-2111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • February 24, 2020
    ..."accounts, agreements ... and transactions involving ... contracts of sale of a commodity for future delivery"). FCStone pointed to 17 C.F.R. § 166.5 and reasoned that the CFTC adopted that provision to govern arbitration agreements over CFTC-regulated disputes. See 17 C.F.R. § 166.5(b) – (......
  • Behrens v. JPMorgan Chase Bank, 16-cv-5508 (VSB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 31, 2019
    ...2012 WL 3930647, at *7 (S.D.N.Y. Aug. 30, 2012). Furthermore, Plaintiffs seek to invalidate the arbitration provisions pursuant to 17 C.F.R. § 166.5. However, that statute applies only to a “Commission registrant”-a person registered under the CEA as a futures commission merchant, retail fo......
  • P'ship v. Cargill Inc., No. 11–2289.
    • United States
    • United States District Courts. 6th Circuit. Western District of Tennessee
    • July 31, 2013
    ...unenforceable and of no effect” because “Cargill was required to provide the required pre-dispute arbitration disclosures pursuant to 17 C.F.R. § 166.5.” (Am. Compl. ¶¶ 27, 25.) If a contract is subject to the requirements of the CEA, compliance with 17 C.F.R. § 166.5 is a question to be de......
  • Behrens v. JPMorgan Chase Bank N.A., No. 16-cv-5508 (VSB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 31, 2019
    ...2012 WL 3930647, at *7 (S.D.N.Y. Aug. 30, 2012). Furthermore, Plaintiffs seek to invalidate the arbitration provisions pursuant to 17 C.F.R. § 166.5. However, that statute applies only to a "Commission registrant"—a person registered under the CEA as a futures commission merchant, retail fo......
  • Request a trial to view additional results
2 firm's commentaries
  • CFPB Releases Long-Awaited Proposal On Pre-Dispute Arbitration Agreements
    • United States
    • Mondaq United States
    • May 11, 2016
    ...to providers of other consumer financial products or services (such as servicers or debt collectors) in connection with the same loan. 17 C.F.R. § 166.5. This means that the customer receives a specified disclosure before being asked to sign the pre-dispute arbitration agreement, is not req......
  • CFPB Releases Long-Awaited Proposal on Pre-Dispute Arbitration Agreements
    • United States
    • JD Supra United States
    • May 9, 2016
    ...providers of other consumer financial products or services (such as servicers or debt collectors) in connection with the same loan. 13 17 C.F.R. § 166.5. 14 This means that the customer receives a specified disclosure before being asked to sign the pre-dispute arbitration agreement, is not ......

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