The Biden administration has moved quickly on its promise to take a more aggressive approach to pursuing actions against consumer financial services companies. Though the administration has implemented some concrete policy...more
In August 2019, the U.S. Department of Housing and Urban Development (HUD) proposed rulemaking that potentially would make it harder to bring disparate impact discrimination claims under the Fair Housing Act. The proposed...more
1/28/2020
/ Affirmative Defenses ,
Artificial Intelligence ,
Big Data ,
Burden of Proof ,
Burden-Shifting ,
Business Justification ,
Causation ,
Disparate Impact ,
ECOA ,
Fair Housing Act (FHA) ,
Fair Lending ,
Federal Pleading Requirements ,
Housing Discrimination ,
HUD ,
Proposed Rules ,
Texas Dept of Housing v Inclusive Communities ,
Third-Party Service Provider
Both the Consumer Financial Protection Bureau (CFPB or Bureau) and Department of Justice (DOJ) initiated and resolved fewer fair lending and other consumer financial services enforcement actions in 2018 than in previous...more
In recent years, the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) have increased fair lending enforcement under the disparate impact theory of liability. This term, however, the U.S. Supreme...more
1/30/2015
/ Age Discrimination ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
DHCA v Inclusive Communities Project ,
Disparate Impact ,
Fair Housing Act (FHA) ,
Fair Lending ,
HUD ,
LIHTC ,
Public Housing Authorities ,
Race Discrimination ,
SCOTUS ,
Strategic Enforcement Plan