Here. Deepak is perhaps better known for having argued Concepcion in the Supreme Court while he was with Public Citizen. He has recently left the CFPB to concentrate on appellate litigation. An excerpt:
Since wide-ranging legislation in unlikely, given corporations’ political influence, Gupta said, more targeted work by federal governmental agencies is needed to protect class actions.
According to Gupta, an individual federal regulatory agency has the ability to interpret its own statutes and can take up the issues of arbitration and class action within its own jurisdiction.
The current case to watch, Gupta said, is a January decision in which the National Labor Relations Board ruled that a class-action ban in employment contracts is an unfair labor practice. D.R. Horton Inc. and Cuda, No. 12-CA-25764, 357 NLRB No. 184, 2012 WL 36274 (N.L.R.B. Jan. 3, 2012).