News & Analysis as of

Equal Credit Opportunity Act Disparate Treatment

Troutman Pepper

CFPB Releases Study on Differential Treatment of Black and White Small Business Owners Seeking Loans

Troutman Pepper on

On November 13, the Consumer Financial Protection Bureau (CFPB or Bureau) released a pilot study titled “Matched-Pair Testing in Small Business Lending Markets” highlighting what the CFPB believes were two statistically...more

Sheppard Mullin Richter & Hampton LLP

FTC Imposes Record-Setting $10M Fine Against Multistate Auto Dealer, Settling Charges of Racial Discrimination and Unauthorized...

On March 31, the FTC and Illinois State Attorney General announced a settlement of charges against a large, multistate auto dealer that allegedly discriminated against black consumers and included illegal junk fees for...more

Hudson Cook, LLP

Fair Lending Developments: Disparate Impact Lives On

Hudson Cook, LLP on

[co-author: John Ropiequet] The fair lending cases filed by Miami against four major mortgage lenders, reported in several previous Annual Surveys, came to a sudden, anticlimactic end when the city voluntarily dismissed...more

Hudson Cook, LLP

Consumer Lending in the COVID-19 Crisis - Fair Lending Concerns

Hudson Cook, LLP on

The world has been struck by an unthinkable humanitarian crisis - COVID-19. We have never seen anything like this before, and this virus impacts every aspect of our lives. It is in this environment that creditors seek...more

Poyner Spruill LLP

Redlining Legal Theories Remain Unresolved

Poyner Spruill LLP on

On May 8, 2018, the United States Department of Justice (DOJ) settled its fair lending “redlining” lawsuit against Minnesota-based KleinBank, a family-owned bank with assets of more than $1.9 billion. The settlement follows...more

Ballard Spahr LLP

DOJ Settles Fair Lending Claims Based on Bank's Pricing Policy for Vehicle-Secured Loans

Ballard Spahr LLP on

The U.S. Department of Justice (DOJ) has announced a proposed consent order with Charter Bank to settle charges that the bank violated the Equal Credit Opportunity Act (ECOA) by discriminating on the basis of national origin...more

Ballard Spahr LLP

Industry trade groups’ renewed challenge to HUD disparate impact rule could yield helpful precedent for ECOA cases

Ballard Spahr LLP on

The D.C. district court recently granted two industry trade associations whose members sell homeowners insurance leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule...more

Kelley Drye & Warren LLP

FTC Releases Report on “Big Data” Offering Practical and Legal Considerations for Businesses

On January 6, 2016, the Federal Trade Commission (FTC) released a report on the growing use of “big data” which discusses potential benefits and risks to big data use and offers practical and legal considerations for...more

Ballard Spahr LLP

ABA seeks supervisory and enforcement standards consistent with Inclusive Communities

Ballard Spahr LLP on

The American Bankers Association has sent a letter to the DOJ, Fed, OCC, FDIC, HUD and CFPB requesting confirmation “in interagency guidance, updated exam procedures, and where appropriate amended regulations that the...more

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