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
ADVERTISEMENT
Home Commercial Lending

Supreme Court Lets Decision Stand in Missouri ECOA Case

March 22, 2016
Reading Time: 1 min read

With a 4-4 split vote following the death of Justice Antonin Scalia, the U.S. Supreme Court let stand an Eighth Circuit Court of Appeals decision finding that the Equal Credit Opportunity Act’s protections apply only to loan applicants, not to those who guarantee the loans. ABA and the Missouri Bankers Association had urged the court to uphold the Eighth Circuit ruling in a friend of the court brief last year.

In the case, Hawkins v. Community Bank of Raymore, two wives who had been required to guarantee business loans made to their husbands brought suit, claiming that the guarantee requirement violated ECOA’s prohibition on discrimination based on marital status. ABA and others argued that common lending practice requires lenders to seek guarantees from spouses when the applicant’s assets are jointly owned.

ABA also argued that ECOA’s precise wording applies its protections only to applicants, not to additional guarantors. To apply ECOA to guarantors would expose lenders to substantially higher litigation risk, ABA argued.

Because of the even split, the high court’s decision in Hawkins applies only to the Eighth Circuit and other circuits where courts have reached the same interpretation. For more information, contact ABA’s Tom Pinder.

ADVERTISEMENT
Tags: ECOAFair lending
ShareTweetPin

Related Posts

Poll: Small business owners optimistic about the future

NFIB: Small-business optimism fell by 1.6 points in April to 95.8

Economy
May 13, 2025

The NFIB Small Business Optimism Index declined by 1.6 points in April to 95.8, the second consecutive month below the 51-year average of 98.

CPI rose 0.4% in March 

Consumer price inflation 2.3% in April

Economy
May 13, 2025

The Consumer Price Index rose 0.2% in April after falling 0.1% the previous month, and increased 2.3% over the past year, the Labor Department said.

CFPB urges states to ban ‘junk fees,’ revamp consumer protection laws

Agencies update host-state loan-to-deposit ratios

Compliance and Risk
May 12, 2025

The federal banking agencies issued updated host-state loan-to-deposit ratios that they will use to determine compliance with Section 109 of the Riegle-Neal Interstate Banking and Branching Efficiency Act.

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

Federal budget reconciliation tax package includes ACRE Act, other ABA priorities

Ag Banking
May 12, 2025

Congressional leaders unveiled a federal budget reconciliation tax package that contains several banking industry priorities, including language to expand access to affordable real estate credit in rural areas, as championed by ABA.

Report: Republicans push back against proposed cuts to CDFI Fund

Report: Republicans push back against proposed cuts to CDFI Fund

Community Banking
May 12, 2025

Several congressional Republicans say they do not support a proposal by President Trump to redirect funds away from the CDFI Fund.

ABA, associations: Proposed tax bill will help U.S. companies with foreign rivals

ABA, associations: Proposed tax bill will help U.S. companies with foreign rivals

Economy
May 12, 2025

ABA joined a coalition of associations in voicing support for legislation to make permanent tax reforms that help U.S. companies compete against foreign firms.

NEWSBYTES

NFIB: Small-business optimism fell by 1.6 points in April to 95.8

May 13, 2025

Consumer price inflation 2.3% in April

May 13, 2025

Agencies update host-state loan-to-deposit ratios

May 12, 2025

SPONSORED CONTENT

Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

April 25, 2025
Outsourcing: Getting to Go/No-Go

Outsourcing: Getting to Go/No-Go

April 5, 2025
Six Payments Trends Driving the Future of Transactions

Six Payments Trends Driving the Future of Transactions

March 15, 2025
AI for Banks: A Starter Guide for Community and Regional Institutions

AI for Banks: A Starter Guide for Community and Regional Institutions

March 1, 2025

PODCASTS

Podcast: Accelerating banking for quick-service restaurants

May 8, 2025

How a Georgia community bank supports government-guaranteed lending nationwide

May 1, 2025

Podcast: Quantum computing’s shakeup in payments, cybersecurity

April 24, 2025
ADVERTISEMENT

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

© 2025 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

© 2025 American Bankers Association. All rights reserved.