Industry veteran challenges CFPB’s support of disparate impact

Industry veteran challenges CFPB’s support of disparate impact

On June 4, eight industry groups sent a letter addressed to HUD secretary shaun donovan and CFPB Director Richard Cordray requesting much needed written guidance from HUD and the CFPB that makes clear that compliance with the CFPB’s ability-to repay/qualified mortgage (qm) final rule will not expose lenders to disparate impact liability under.

Among other things, the initial report calls into question the statistical methods the CFPB used to allege racial discrimination in the auto lending industry. In addition, the report challenges the CFPB’s reliance on the legal theory known as "disparate impact" to take action against auto lending companies for alleged discriminatory.

Disparate impact refers to policies and actions undertaken that are formally neutral when it comes to evaluating applicants – but that consistently affect certain classes of people differently.

The Consumer Financial Protection Bureau is a U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly. Featured Whether you want to put money aside for unexpected expenses or make a plan to save for your future goals, we have resources that can help.

– Today, the Consumer Financial Protection Bureau (CFPB) announced that it will use all available legal avenues, including disparate impact, to pursue lenders whose practices discriminate against consumers. The Bureau will equip consumers with the information they need to spot the warning signs of discrimination.

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Republican lawmakers and lenders alike are eager to roll back the Consumer Financial Protection Bureau’s guidelines on disparate impact – given the results of November’s election – but it’s unclear what would replace it, in order to mitigate discrimination in the business, said John C. Redding, partner at Buckley Sandler LLP.

To see both the article from Harry Kelly on the SCOTUS disparate impact decision and NAA s statement of policy on emotional support animals, visit the Government Affairs section of the NAA website. Remember, nothing in this column should be considered legal advice. It is for informational purposes only.

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