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

ABA urges ‘same risk, same regulation’ for digital assets

ABA, banking groups warn revised Clarity Act fails to protect community banks

Newsbytes
September 14, 2026

Proposed language in the Clarity Act giving regulators a short time frame to decide whether to close the stablecoin payment-of-interest loophole is no safeguard against the deposit flight that would harm many community banks, ABA and a coalition...

ABA recognizes excellence in agricultural finance with 2026 Bruning, Blanchfield Awards

ABA recognizes excellence in agricultural finance with 2026 Bruning, Blanchfield Awards

Ag Banking
September 14, 2026

ABA announced the recipients of its highly regarded Bruning and Blanchfield Awards, the association's premier awards presented annually for significant contributions to agricultural banking.

ABA urges FCC to modernize calling rules, strengthen fraud protections

State AGs urge FCC to impose stronger ‘know your upstream provider’ requirements

Compliance and Risk
September 14, 2026

Forty-nine state attorneys general last week urged the Federal Communications Commission to impose stronger “know your upstream provider” requirements to keep calls off the U.S. calling network.

Banks’ wealth units pursue AI — carefully

Banks’ wealth units pursue AI — carefully

Wealth Management
September 14, 2026

'Some of the best ideas have come from junior employees doing the analytical work who often understand the technology better.'

Banking agencies pledge more scrutiny of core provider business practices

Banking agencies pledge more scrutiny of core provider business practices

Compliance and Risk
September 11, 2026

The federal banking agencies pledged to step up oversight of third-party core providers whose business practices “unreasonably limit” community banks from conducting due diligence or from negotiating contract terms that address the banks’ business needs.

Consumer Sentiment declined in April

Preliminary: Consumer sentiment decreased 3.9 points in September

Economy
September 11, 2026

Consumer sentiment decreased 3.9 points month-over-month in September to 47.8, and is down 7.3 points from one year ago, according to preliminary results of the University of Michigan Surveys of Consumers.

NEWSBYTES

ABA, banking groups warn revised Clarity Act fails to protect community banks

September 14, 2026

ABA recognizes excellence in agricultural finance with 2026 Bruning, Blanchfield Awards

September 14, 2026

State AGs urge FCC to impose stronger ‘know your upstream provider’ requirements

September 14, 2026

SPONSORED CONTENT

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
Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026

PODCASTS

Podcast: Remembering 9/11, a quarter century later

September 10, 2026

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 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.