ABA Compliance Center Inbox, November/December 2016
The creditor will need to defend its underwriting practices to “prove” that education level provides some amount of repayment predictability.
Browsing: Disparate impact
Of Deadlocks and a Divided Court
The possibility of a 4-4 deadlock hangs over three cases with repercussions for the banking industry when the Court convenes in October.
Fair Housing Guidance Encompasses Those Not Fluent in English
The Department of Housing and Urban Development last week issued guidance stating that discrimination or “discriminatory effects” toward those with limited English proficiency is forbidden under the Fair Housing Act.
Inclusive Communities Lawsuit Dismissed by District Court
The case that generated last summer’s Supreme Court decision allowing disparate impact cases to be brought under the Fair Housing Act, Inclusive Communities Project Inc. v. Texas Department of Housing and Community Affairs, was dismissed on last week by the district court judge charged with determining whether the housing advocacy plaintiff met the Court’s newly articulated standard for establishing disparate impact.
Associations Challenge HUD’s Disparate Impact Rule
ABA and other financial services trade associations last week filed a friend of the court brief in the case of American Insurance Association v. HUD supporting AIA’s challenge to the Department of Housing and Urban Development’s disparate impact rule.
FTC Report Outlines Legal Risks, Benefits of ‘Big Data’
A new report from the Federal Trade Commission outlines several risks related to discrimination for companies using “big data” to make decisions about credit, employment and marketing.
Eleventh Circuit Revises Miami’s Discriminatory Lending Case Against BofA, Citi, Wells
The Court noted in its opinion that on remand, the district court may need to review the City’s claims under the U.S. Supreme Court’s recent Inclusive Communities decision.
Keating Details ABA Regulatory Policy Wins
ABA President and CEO Frank Keating wrote to bank CEOs today to update them on ABA’s pursuit of improved policies from regulatory agencies.
IBD: ‘About Time’ for Regulators to Clarify Disparate Impact
The financial regulators should move quickly to implement the Supreme Court’s guidance on using disparate impact to enforce fair lending rules, according to an editorial in Investor’s Business Daily today.
ABA to Agencies: Put Court’s Disparate Impact Framework into Guidance
ABA today asked the financial regulators and law enforcement agencies to include in their guidance, exam procedures and appropriate regulations the Supreme Court’s framework for using disparate impact analysis to enforce the Fair Housing Act.