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Equal Credit Opportunity Act Amicus Briefs

Ballard Spahr LLP

Trade Associations File Amici Brief Supporting Townstone Financial’s Position on ECOA Scope

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The Mortgage Bankers Association and Housing Policy Council (the “Associations”) recently filed an Amici Curiae brief supporting the position of Townstone Financial regarding the scope of the Equal Credit Opportunity Act...more

Goodwin

CFPB Files Opening Brief in its Appeal of District Court Ruling that ECOA Applies Only to Applicants

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On June 14, 2020, the Consumer Financial Protection Bureau (CFPB) filed its opening brief in its appeal of a U.S. district court’s decision in the CFPB’s enforcement action against Townstone Mortgage (Townstone). The CFPB’s...more

Cadwalader, Wickersham & Taft LLP

Federal Trade Commission Files Friend of the Court Brief in Equal Credit Opportunity Act Case

The Federal Trade Commission (“FTC”) filed an amicus brief in a case before the Seventh Circuit that was brought on appeal by the Consumer Financial Protection Bureau (“CFPB”) against a Chicago-area lender, Townstone...more

Ballard Spahr LLP

CFPB files amicus brief in support of private plaintiffs in reverse redlining lawsuit

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The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in a private lawsuit brought by a group of eight Black and Hispanic plaintiffs who alleged that the named defendants, which included a...more

Ballard Spahr LLP

FTC and consumer groups file amicus briefs in Seventh Circuit in support of CFPB’s appeal from district court ruling in Townstone...

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The FTC has filed an amicus brief in support of the CFPB’s appeal to the U.S. Court of Appeals for the Seventh Circuit from the district court’s decision in the CFPB’s enforcement action against Townstone Mortgage...more

Wiley Rein LLP

Wiley Consumer Protection Download (May 16, 2022)

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Alvaro Bedoya Sworn in as FTC Commissioner Following Senate Confirmation. On May 16, Alvaro Bedoya was sworn in as FTC Commissioner. The U.S. Senate confirmed Bedoya to the FTC’s open Commissioner on May 11. ...more

Ballard Spahr LLP

CFPB and FTC file joint amicus arguing consumers not applying for credit are “applicants” under ECOA

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The CFPB and FTC have filed a joint amicus brief in the U.S. Court of Appeals for the Second Circuit urging the court to reverse a district court ruling that an individual who had already received credit from the defendant...more

Ballard Spahr LLP

Second Circuit decision could support ECOA protection for sexual orientation

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The 10-3 en banc decision in Zarda v. Altitude Express issued earlier this week by the U.S. Court of Appeals for the Second Circuit is likely to be relied on by regulators and private plaintiffs alleging violations of the...more

Ballard Spahr LLP

CFPB files amicus brief in Eleventh Circuit ECOA case

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The CFPB has filed an amicus brief in Regions Bank v. Legal Outsource PA, a case on appeal to the Eleventh Circuit that involves two important issues under the Equal Credit Opportunity Act (ECOA): whether the ECOA provides a...more

Ballard Spahr LLP

DOJ amicus brief in employment discrimination case undermines CFPB position on ECOA protection for sexual orientation

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The Department of Justice has filed an amicus brief in a case pending before the U.S. Court of Appeals for the Second Circuit that presents the question of whether the prohibition on employment discrimination on the basis of...more

Ballard Spahr LLP

U.S. Supreme Court Hears Oral Arguments in Case to Decide Whether Loan Guarantors Are “Applicants” Under ECOA

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Earlier this week the Supreme Court heard oral arguments in the case of Hawkins v. Community Bank of Raymore. We have issued an E-alert discussing this important case, which we expect will resolve whether a spouse-guarantor...more

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