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

New York Fed: Inflation expectations showed little movement in February

ABA DataBank: Fed rate hike reset

Economy
May 15, 2026

Hotter-than-expected inflation data in April pushed financial markets to sharply revise expectations for Federal Reserve monetary policy.

OCC proposes to cite federal preemption of state interest-on-escrow laws

OCC finalizes rules citing federal preemption of state interest-on-escrow laws

Compliance and Risk
May 15, 2026

The OCC finalized two rules to clarify that national banks are exempt from state laws regulating real estate escrow accounts. Both rules were first proposed late last year.

CFPB releases mortgage servicing proposal, overhauls loss mitigation framework

ABA, associations offer recommendations for streamlining FHA financing

Mortgage
May 15, 2026

As part of a recent Trump administration push to expand access to mortgage credit, the Federal Housing Administration should modernize its collateral valuation process to align it with the collateral valuation standards established by Fannie Mae and Freddie...

Industrial production rose in March

Industrial production rose 0.7% in April

Economy
May 15, 2026

Industrial production increased 0.7% in April after decreasing 0.3% in March. In April, manufacturing output rose 0.6%, the index for mining ticked down 0.1%, and utilities output moved up 1.9%.

FDIC adopts changes to signage rules

FDIC updates signage rules Q&A to reflect recent changes

Compliance and Risk
May 15, 2026

The FDIC has updated the Q&As for its signage and advertising requirements to reflect recent changes to the regulation.

Podcast: How consumer deposits drive full relationship banking

Podcast: How consumer deposits drive full relationship banking

ABA Banking Journal Podcast
May 14, 2026

In an environment with higher-yielding options, how can banks compete for effectively for deposits? Marc Womack of TD Bank discusses his approach to maximizing data, customizing deposit offerings, developing valuable product bundles and using both physical and digital...

NEWSBYTES

ABA DataBank: Fed rate hike reset

May 15, 2026

OCC finalizes rules citing federal preemption of state interest-on-escrow laws

May 15, 2026

ABA, associations offer recommendations for streamlining FHA financing

May 15, 2026

SPONSORED CONTENT

Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026
Digital Account Opening: Think Outside the Box for Maximum Business Impact

Digital Account Opening: Think Outside the Box for Maximum Business Impact

April 29, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Why Your Systems Keep Slowing Down — and What to Do About It

April 21, 2026
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026

PODCASTS

Podcast: How consumer deposits drive full relationship banking

May 14, 2026

Podcast: How an Ohio banker talks with policymakers about stablecoin issues

May 6, 2026

Podcast: Tech transformation and AI to power bank growth

April 29, 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.