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 Uncategorized

Seventh Circuit revives CFPB’s lender redlining lawsuit

July 31, 2024
Reading Time: 3 mins read
Seventh Circuit revives CFPB’s lender redlining lawsuit

Equal Credit Opportunity Act
CFPB v. Townstone Financial Inc.
Date: July 11, 2024

Issue: Does Regulation B of the Equal Credit Opportunity Act (ECOA), which prohibits discrimination against applicants, apply to prospective applicants?

Case Summary: In a 3-0 decision, a Seventh Circuit panel reversed an Illinois federal court’s dismissal of the Consumer Financial Protection Bureau’s redlining lawsuit against Townstone Financial, concluding Regulation B of ECOA applies to prospective applicants.

While ECOA only refers to applicants, Regulation B under ECOA provides a “creditor shall not make any oral or written statement, in advertising or otherwise, to applicants or prospective applicants that would discourage on a prohibited basis a reasonable person from making or pursuing an application.”

In July 2020, the CFPB sued Townstone under ECOA and the Consumer Financial Protection Act (CFPA) in the first-ever redlining complaint against a nonbank mortgage company. The Consumer Financial Protection Bureau (CFPB) alleged Townstone avoided lending in Chicago’s majority-Black areas and made comments that could have discouraged prospective Black customers from applying. CFPB argued the court should follow Regulation B and defer to its interpretation of ECOA because Regulation B is “reasonably related” to the objectives of ECOA. Townstone argued Regulation B did not apply to prospective applicants and, thus, CFPB’s interpretation was overly broad and violated the First Amendment.

In 2023, the district court granted Townstone’s motion to dismiss, ruling Regulation B applies only to credit applicants, not prospective applicants. The court applied Chevron’s two-step framework to determine whether it would defer to CFPB’s Regulation B interpretation. At step one, courts evaluate whether the statutory provision is ambiguous. If so, courts moved to step two to assess whether or not the agency’s interpretation is reasonable. At step one, the court concluded Congress directly and unambiguously spoke on the issue because ECOA only prohibits discrimination against applicants rather than prospective applicants. The court thus declined to grant Chevron deference to CFPB’s interpretation.

In July, the U.S. Supreme Court overturned Chevron in Loper Bright Enterprises v. Raimondo. The Court ruled Chevron deference cannot be squared with the Administrative Procedure Act (APA) and with courts’ paramount duty to interpret the laws that Congress enacts. The APA, the Court concluded, codifies for agency cases the proposition reflected by judicial practice: that courts decide legal questions by applying their independent judgment.

Following the Supreme Court’s ruling to overrule Chevron, the Seventh Circuit in Townstone reversed and remanded, ruling ECOA authorizes liability for discouraging prospective applicants. The panel emphasized ECOA’s purpose is to ensure equal access to credit without discrimination. The court noted that Congress vested the Federal Reserve (and later the CFPB) with broad regulatory authority to prevent “circumvention or evasion” of ECOA’s purposes.

The court also found that Regulation B adheres to ECOA’s text and purpose. The panel explained it reads a statute “as a whole” rather than a series of unrelated and isolated provisions. The panel highlighted the civil liability provision, which requires regulatory agencies responsible for enforcing ECOA to refer a case to the attorney general whenever the agency believes a creditor “has engaged in a pattern or practice of discouraging … applications for credit in violation of section 1691(a) of this title.” Thus, in the panel’s view, Congress confirmed that discouraging a credit application violates ECOA.

The panel concluded that ECOA prohibits not only outright discrimination against credit applicants but also discourages prospective credit applicants.  The panel explained the term “applicant” cannot be read in a “crabbed fashion” because this frustrates ECOA’s purpose. The panel thus found ECOA prohibits discrimination for any aspect of a credit transaction, including before an applicant submits a credit application.

Bottom Line: By affirming that ECOA’s protections extend to prospective applicants, the Seventh Circuit broadened the statute’s scope to encompass pre-application conduct. Separately, the Seventh Circuit declined to rule on the merits of CFPB’s First Amendment claim. The panel observed such analysis is best left for the district court to address on remand.

Documents: Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: December 22

Uncategorized
December 22, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: December 15

Uncategorized
December 15, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: December 8

Uncategorized
December 8, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA, trade groups: CFPB has no authority to enact rule limiting arbitration 

ABA files amicus brief urging Oklahoma supreme court to grant Arvest’s petition and reverse lower court’s arbitration ruling

Uncategorized
December 1, 2025

ABA filed an amicus brief urging the Supreme Court of Oklahoma to grant Arvest Bank’s petition to review a Court of Civil Appeals of Oklahoma decision holding that courts — not arbitrators — must decide whether an alleged...

ABA files amicus brief urging Second Circuit to reject EFTA expansion in NYAG’s wire fraud lawsuit

ABA files amicus brief urging Second Circuit to reject EFTA expansion in NYAG’s wire fraud lawsuit

Uncategorized
December 1, 2025

ABA filed a coalition amicus brief urging the Second Circuit to reverse the district court’s denial of Citibank’s motion to dismiss the New York Attorney General’s EFTA claims.

ABA files amicus brief supporting Flagstar’s petition for full Ninth Circuit review to examine NBA preemption

ABA files amicus brief supporting Flagstar’s petition for full Ninth Circuit review to examine NBA preemption

Uncategorized
December 1, 2025

ABA filed a coalition amicus brief urging the Ninth Circuit to grant Flagstar Bank’s en banc petition to review a three-judge panel’s decision that ruled the National Bank Act does not preempt California’s interest-on-escrow law.

NEWSBYTES

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

December 23, 2025

Democratic state AGs file lawsuit to stop CFPB’s ‘complete defunding’

December 23, 2025

GDP increased 4.3% in Q3: Initial estimate

December 23, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: Cybersecurity in a mobile-first banking landscape

December 18, 2025

Podcast: The 2026 outlook for bank M&A

December 11, 2025

Podcast: The outlook for tech-forward community banking

December 4, 2025

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.