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

FCC proposes ‘robocall scorecard’ to rate voice service providers

FCC proposes ‘robocall scorecard’ to rate voice service providers

Compliance and Risk
September 5, 2026

The FCC is seeking public comment on creating a “robocall scorecard” to measure how voice service providers are protecting consumers from illegal calls. In related news, the commission booted 14 providers from the U.S. telecommunications network.

ABA DataBank: U.S. auto delinquencies approaching pre-Covid highs

IRS to issue final rule on auto loan deduction

Newsbytes
September 4, 2026

The IRS will issue a final rule to implement a new tax deduction for certain automobile purchases, according to a notice in the Federal Register.

ABA highlights banker comments seeking stronger ‘know your customer’ rules for originating providers

Consumers share experiences with AI-enabled scams

Compliance and Risk
September 4, 2026

More than two in five U.S. consumers said they have encountered a scam powered by artificial intelligence, either personally or through someone they know, according to a recent survey by Credit One Bank.

Poll: Financial stress carrying over to workplace

Bank survey finds most middle-income renters view homeownership as out of reach

Mortgage
September 4, 2026

More than two in five middle-income renters say they earn more than their parents did at the same age but still can’t afford a home, according to a recent survey by Neighbors Bank in Missouri.

ABA DataBank: Job market heats up for the summer

ABA DataBank: August job growth comes in above expectations

Economy
September 4, 2026

ABA economists view this month’s strong payroll report as a positive catalyst for business and consumer loan demand. The continued low unemployment rate should also keep consumer credit performance strong.

FinCEN identifies nearly $13B in suspected crypto investment scams

FinCEN identifies nearly $13B in suspected crypto investment scams

Compliance and Risk
September 3, 2026

Bank Secrecy Act reports flagged approximately $12.7 billion in suspected digital asset investment scam activity during a roughly two-year period beginning in 2023, showcasing the extent of the problem, according to a FinCEN analysis. The agency also published...

NEWSBYTES

FCC proposes ‘robocall scorecard’ to rate voice service providers

September 5, 2026

IRS to issue final rule on auto loan deduction

September 4, 2026

Consumers share experiences with AI-enabled scams

September 4, 2026

SPONSORED CONTENT

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

The exam question a backup can’t answer

August 18, 2026

PODCASTS

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

Podcast: Why it might be time to revisit a key FDIC ratio

July 23, 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.