Recently it has been revealed that the Consumer Financial Protection Bureau (CFPB) has a disparate treatment problem. CFPB managers have rated white staff members distinctly better than minority staff members in staff reviews that are used, in addition to other purposes, for determining raises and bonuses. The evidence against the CFPB appears solid. The manner in which the CFPB has responded to this embarrassing mess holds lessons for any bank subject to charges of disparate […]
Category: Fair Lending
ECOA DISCRIMINATION CASE
The Sixth Circuit dismissed an Equal Credit Opportunity Act (ECOA) lawsuit because the plaintiffs failed to make a case that the creditor denied their request for a loan restructuring for a discriminatory reason. 16630 Southfield Ltd. Partnership v. Flagstar Bank, F.S.B., 727 F.3d 502 (6th Cir. 2013). The plaintiffs, one of whom was a naturalized U.S. citizen from Iraq, obtained a loan for a real estate venture. The loan was later restructured when the plaintiffs […]
ANOTHER HUD MATERNITY LEAVE CASE
The U.S. Department of Housing and Urban Development (HUD) recently announced that it has reached yet another agreement with a mortgage lender that apparently discriminated against a woman on maternity leave. The lender entered into the agreement to settle allegations that it denied woman a mortgage loan because she was pregnant and on maternity leave. The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on […]
INDIRECT AUTO FINANCING – FAIR LENDING CONCERNS
Recently the Consumer Financial Protection Bureau (CFPB) published a bulletin (CFPB Bulletin 2013-02) that provides guidance on compliance with the fair lending requirements of the Equal Credit Opportunity Act (ECOA) and Regulation B for indirect auto lenders. The bulletin addresses practices that permit dealers to increase consumer interest rates and to compensate dealers with a share of the increased interest revenues. This guidance applies to all indirect auto lenders, including both depository institutions and nonbank […]
HUD’s EFFECTS TEST STANDARD
On February 15 the Department of Housing and Urban Development (HUD) published a final rule that formalizes a test for determining whether a given practice has an unjustified discriminatory effect, leading to liability under the Fair Housing Act. The final rule is effective on March 18, 2013. The regulation formalizes HUD’s long-held interpretation of the availability of “discriminatory effects” liability under the Fair Housing Act and to provide nationwide consistency in the application of that […]