ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

ABA Seeks Fairness in Fair Lending Enforcement

April 17, 2017
Reading Time: 2 mins read

As part of the banking industry’s continuing response to President Trump’s executive order outlining “core principles” for financial regulation, the American Bankers Association today urged federal regulators and law enforcement to rein in disparate impact and redlining investigations that go beyond the law and Supreme Court precedent.

Fair lending enforcement not rooted in the law actually reduces incentives for lenders to expand access to credit. “Creation of rules by means of novel, changing, and vague fair lending enforcement theories undermines a primary goal of the fair lending laws — expanding credit opportunity and availability,” ABA said. “Where the costs or regulatory risks of the new enforcement and compliance theories are high, or lenders are unable to discern from enforcement actions what is expected, lending becomes more standardized and defensive, less tailored, and some programs or services are discontinued.”

While the Supreme Court found in 2015 that “disparate impact” claims — as opposed to disparate treatment analysis — can be employed under the Fair Housing Act, ABA noted that federal agencies have “largely disregarded” the court’s framework placing limits around how disparate impact is used. ABA urged agencies to comply fully with Supreme Court guidance, as well as to acknowledge in writing that disparate impact is not cognizable under the Equal Credit Opportunity Act.

ABA also noted that federal regulators are recently pursuing “redlining” cases based not on Community Reinvestment Act-mandated assessment areas but on “reasonably expected market areas” — zones subjectively identified by agencies as places that banks should be serving. ABA urged regulators to evaluate redlining within a CRA performance context. ABA recommended that Congress repeal Section 1071 of Dodd-Frank, which gives the Consumer Financial Protection Bureau authority to collect fair lending data on small business loans.

The white paper is the third of several that ABA will submit to Treasury in response to the executive order. It reflects feedback and input from numerous banks participating in ABA’s fair lending and compliance working groups over recent years. For more information, contact ABA’s Wayne Abernathy.

Tags: Community Reinvestment ActCore principles for regulating the US financial systemDisparate impactECOAFair lendingRedliningSmall business lending
ShareTweetPin

Related Posts

Podcast: Creating seamless customer experiences

Podcast: Creating seamless customer experiences

ABA Banking Journal Podcast
September 30, 2026

How does First Horizon Bank's growing regional bank franchise meet consumers' digital needs? 

Justice Department announces indictments in alleged nationwide ATM jackpotting scheme

OFAC issues sanctions tied to ATM jackpotting crimes

Compliance and Risk
September 30, 2026

OFAC imposed sanctions on 10 targets with alleged ties to the Tren de Aragua transnational criminal organization for its role in organizing a series of ATM jackpotting thefts across the U.S., orchestrated in part by one of the...

ABA to FCC: Protect critical calls to bank customers

FCC votes to revise ‘revoke all’ rule and ‘provided number’ condition

Compliance and Risk
September 30, 2026

The FCC voted to revise the “revoke all” rule and “provided number” condition, both of which have made it more difficult for banks to communicate by phone and text message with their customers. ABA has long called for...

Reid to lead Freddie Mac

Fannie Mae, Freddie Mac announce ABA-backed UAD 3.6 policy exceptions

Mortgage
September 30, 2026

Freddie Mac and Fannie Mae announced that they are providing a temporary policy exception for lenders that cannot meet the Uniform Appraisal Dataset, or UAD, 3.6 mandatory implementation deadline of Nov. 2. The announcement was made in coordination...

ABA survey: Americans strongly support prohibiting crypto companies from offering yield-like rewards for holding stablecoin

New rule establishes procedures for reviewing state stablecoin regulations

Newsbytes
September 30, 2026

The Treasury Department published an interim final rule establishing the forms and procedures used by a federal committee that reviews state stablecoin regulatory regimes.

ABA, associations urge Congress to overturn CFPB credit card late fees rule

ABA, associations seek passage of Fair Credit Reporting Act reform

Compliance and Risk
September 30, 2026

Before the end of the current Congress, the House should pass legislation to align the Fair Credit Reporting Act with other financial consumer protection laws by capping statutory damages in class action lawsuits, eliminating punitive damages and limiting...

NEWSBYTES

OFAC issues sanctions tied to ATM jackpotting crimes

September 30, 2026

FCC votes to revise ‘revoke all’ rule and ‘provided number’ condition

September 30, 2026

Fannie Mae, Freddie Mac announce ABA-backed UAD 3.6 policy exceptions

September 30, 2026

SPONSORED CONTENT

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026

PODCASTS

Podcast: Creating seamless customer experiences

September 30, 2026

Podcast: Telling a different kind of story about community banks

September 28, 2026

Podcast: Making the jump from a high performer to a high-performing leader

September 16, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.