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, associations propose improvements to federal data privacy law

Banking agencies promise new approach for handling sensitive information

Compliance and Risk
July 16, 2026

The Federal Reserve, FDIC and OCC announced a “coordinated approach” for handling sensitive information used in bank examinations, including a new pledge to notify banks about data breaches that threaten to expose that information.

Bessent: Trump administration recognizes CDFI Fund’s ‘important role’ in communities

ABA, state bankers associations urge House leaders to support Main Street Capital Access Act

Community Banking
July 16, 2026

A proposed bill to tailor bank regulation and boost de novo bank formation would promote economic growth in communities across the country, ABA and 52 state bankers associations said in a joint letter to House leaders.

Scott, Vought warn against price controls on credit, bank products

Scott, Vought warn against price controls on credit, bank products

Newsbytes
July 16, 2026

Restrictions on credit card rates and overdraft protection fees ultimately hurt the people they are meant to protect by limiting credit access and driving consumers to unregulated entities, Senate Banking Committee Chair Tim Scott (R-S.C.) and CFPB Acting...

CSBS: Community bankers maintain ‘rosy’ outlook despite uncertainties

CSBS: Community bankers maintain ‘rosy’ outlook despite uncertainties

Community Banking
July 16, 2026

While sentiment has slipped somewhat, community bankers nationwide remain broadly optimistic about future economic conditions, according to the latest quarterly survey by the Conference of State Bank Supervisors.

Mortgage rates fall

Mortgage rates rise

Economy
July 16, 2026

The rate for a 30-year fixed-rate mortgage was 6.55% this week. The rate for a 15-year fixed-rate mortgage was 5.93%.

Retail sales decreased 0.8% in January

Retail sales edged up 0.2% in June

Economy
July 16, 2026

Advance estimates of U.S. retail and food services sales for June 2026 were $768.6 billion, up 0.2% from the previous month, and up 6.7% from June 2025.

NEWSBYTES

Banking agencies promise new approach for handling sensitive information

July 16, 2026

ABA, state bankers associations urge House leaders to support Main Street Capital Access Act

July 16, 2026

Scott, Vought warn against price controls on credit, bank products

July 16, 2026

SPONSORED CONTENT

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

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding the 2025 Home Mortgage Disclosure Act data

July 8, 2026

Podcast: Financing America’s independence

June 29, 2026

Podcast: Talent and innovation in community banking

June 18, 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.