Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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CFPB may provide details on auto finance disparate impact methodology at tomorrow’s field hearing

Since the CFPB issued its guidance on indirect auto finance in March 2013, lawmakers and industry have been asking the CFPB to provide details concerning its methodology and proxies for analyzing potential fair lending...more

9/18/2014 - Automotive Loans CFPB Disparate Impact

Disparate impact cases against HUD: Illinois federal court issues decision; update on D.C. case

Because of their potential impact on the CFPB’s conclusion that the ECOA and Regulation B encompass disparate impact claims, we have been following two insurance industry lawsuits involving a challenge to HUD’s Federal...more

9/15/2014 - CFPB Disparate Impact ECOA FHA Homeowner's Insurance HUD Insurers Regulation B

NY Attorney General Files Redlining Lawsuit Alleging Mortgage Discrimination

The New York Attorney General filed a complaint this week in a New York federal court against a national bank headquartered in the state and its holding company alleging that the defendants violated the federal Fair Housing...more

9/5/2014 - Attorney Generals Bank Holding Company Banks Discrimination Disparate Impact DOJ FHA HMDA Mortgages Redlining

Update on disparate impact lawsuit against HUD

The settlement and Supreme Court’s dismissal of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. has increased the potential significance of the lawsuit filed in June 2013 in federal district court in Washington,...more

2/5/2014 - Disparate Impact FHA HUD Mount Holly v Mt. Holly Citizens in Action SCOTUS

Mount Holly settlement update

Last night, the Mount Holly town council met to discuss the tentative settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. We understand that due to issues concerning the language of the...more

11/7/2013 - Disparate Impact FHA HUD Mount Holly Mount Holly v Mt. Holly Citizens in Action Settlement

Tentative settlement reportedly reached in Mount Holly

It is looking like our prediction that Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. would settle before the U.S. Supreme Court heard oral argument was accurate. Late yesterday, the Wall Street Journal...more

11/1/2013 - CFPB Disparate Impact ECOA FHA HUD Mount Holly v Mt. Holly Citizens in Action SCOTUS Settlement

Parties in Mt. Holly case hire Supreme Court advocates

As we previously reported, settlement discussions are underway in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc....more

7/30/2013 - CFPB Disparate Impact Fair Housing Act Mount Holly Mount Holly v Mt. Holly Citizens in Action SCOTUS

CFPB issues ECOA baseline review procedures for examiners

The CFPB has issued “ECOA Baseline Review Procedures” to be used by its examiners. (The CFPB has labeled the procedures “guidance” and did not add them to its Supervision and Examination Manual.)...more

7/30/2013 - CFPB Disparate Impact ECOA Fair Lending HMDA

More on new disparate impact suit against HUD

Last week, we reported that a lawsuit was filed on June 26 in federal district court in Washington, D.C. challenging HUD’s final rule formalizing its use of disparate impact liability under the Fair Housing Act (FHA)....more

7/2/2013 - Disparate Impact ECOA FHA Homeowner's Insurance HUD Insurers McCarran-Ferguson Act

Settlement discussions underway in Mt. Holly

Since the petition for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. was filed last year, we have raised the possibility that, even if the Supreme Court granted certiorari, the case might...more

7/2/2013 - Certiorari Disparate Impact FHA HUD Mount Holly SCOTUS Settlement

Breaking News! Insurers sue HUD regarding disparate impact

We just heard that a lawsuit was filed in Federal District Court in DC challenging HUD’s final rule stating that the disparate impact theory will apply in assessing whether a company has complied with the Fair Housing Act....more

6/27/2013 - Disparate Impact FHA HUD

Supreme Court grants cert (again) in FHA disparate impact case

Second time’s the charm? For the second time in less than two years, the U.S. Supreme Court granted certiorari today in a case that presents the question whether plaintiffs suing under the Fair Housing Act (FHA) may bring...more

6/18/2013 - Certiorari Disparate Impact ECOA FHA SCOTUS

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

6/17/2013 - CFPB Discrimination Disparate Impact ECOA Fair Lending FHA Redevelopment SCOTUS

Petitioners in Mt. Holly file brief in Supreme Court responding to Solicitor General

The Township of Mount Holly and other petitioners for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. filed a brief on May 24, 2013 in the U.S. Supreme Court replying to the brief filed by...more

5/29/2013 - Disparate Impact FHA HUD SCOTUS

Solicitor General files brief opposing certiorari in Mt. Holly

Last week, the Solicitor General finally filed his brief expressing the views of the United States on whether the U.S. Supreme Court should grant the petition for certiorari pending in Township of Mount Holly v. Mt. Holly...more

5/21/2013 - Certiorari CFPB Disparate Impact FHA HUD Solicitor General

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Texas Champion Bank. This means that, once again, a DOJ attempt to use disparate impact evidence to establish that a lender engaged in a...more

2/21/2013 - Consumer Lenders Discrimination Disparate Impact DOJ ECOA Fair Lending National Origin Pattern or Practice Settlement Uniform Pricing

HUD Issues Final ‘Discriminatory Effects’ Rule

The Department of Housing and Urban Development has issued a final rule that provides that if a practice has a "discriminatory effect," HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA), even...more

2/13/2013 - Burden of Proof Discriminatory Effects Rule Disparate Impact FHA HUD

Will Mt Holly take a dive just like St. Paul?

During one of the panel discussions at the ABA Consumer Financial Services Committee meeting, a speaker indicated that the newly elected Mayor of Mt. Holly, NJ has publicly stated that he is interested in settling the case...more

1/10/2013 - Disparate Impact FHA

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