By Eric Mogilnicki and Eitan Levisohn ( September 6, 2017, 12:36 PM EDT) -- Sometime in September, the U.S. Senate is likely to decide whether or not to join the House of Representatives in disapproving of the Consumer Financial Protection Bureau's controversial arbitration rule.[1] That rule, while nominally aimed at preventing class action waivers in arbitration agreements, is likely to significantly curtail consumers' access to arbitration.[2] Such a development would not serve consumers' interests. After all, the bureau's own arbitration study found that consumers on average recovered more money in arbitration than in class action litigation.[3] Moreover, while arbitration is available for consumer claims of every size and shape, the bureau's preferred class action regime will help only those consumers with cookie-cutter claims that can be resolved on a class basis.[4]...