News & Analysis as of

Fair Lending Enforcement Actions

Hudson Cook, LLP

DOJ and State of Texas Announce Joint Settlement with a Private Land Developer for Allegedly Discriminating against Hispanic...

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DOJ and State of Texas announced a $68 million settlement of ECOA and FHA claims against a private land developer (the "Developer") concerning an alleged pattern or practice of discriminatory lending practices and high...more

Snell & Wilmer

2026 Auto Finance Compliance Trends: What Lenders Need to Know Now

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2026 is now underway, and federal and state regulators are signaling continued attention on consumer protection in auto finance. Several themes have recently emerged across regulatory agencies’ public statements, enforcement...more

GeoDataVision

Fair Lending: The REMA Problem Needs to Be Addressed by Bank Regulators

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During the Biden presidency the prudential bank regulators and the DOJ began to prosecute cases of alleged redlining much more aggressively than had been historical practice. A key concept in almost all cases was the idea of...more

Troutman Pepper Locke

2025 State AG Year in Review

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State attorneys general (AGs) are among the most active and influential regulators in the U.S., using broad statutory authority, political visibility, and growing technical knowledge to shape policy and enforcement across...more

Orrick, Herrington & Sutcliffe LLP

CFPB’s 2024 fair lending report outlines new focus in fair lending oversight

On December 23, the CFPB released its annual fair lending report, which reviews the agency’s enforcement and supervision activities for 2024 and described a significant policy shift in fair lending oversight since the close...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Takeaways From Fair Lending 2025: Navigating Turbulent Waters

On November 3, 2025, Skadden and Troutman co-hosted a conference in Washington, D.C. titled “Fair Lending 2025: Navigating Turbulent Waters.” Leading the conference were Anand Raman, head of Skadden’s Consumer Financial...more

GeoDataVision

Regulatory Compliance: When Statistical Significance Fails

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In October 2021, the then Attorney General, Merrick Garland, announced the Combating Redlining Initiative (“CRI”) Shortly thereafter, federal banking regulators began a record-breaking number of referrals to the Department of...more

Orrick, Herrington & Sutcliffe LLP

CFPB terminates 2023 consent order against national bank

On October 16, the CFPB terminated a 2023 consent order against a national bank, exercising its authority to end the order early after confirming the institution had “fulfilled certain obligations,” including paying the civil...more

Butler Snow LLP

FDIC Outlines Major Reforms

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At the September 2025 meeting of the Financial Stability Oversight Council, FDIC Acting Chairman Travis Hill laid out an ambitious set of reforms designed to reshape the agency’s approach to supervision, capital requirements,...more

GeoDataVision

The Regulatory Compliance Ping Pong Game

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Regulatory Compliance has been an ever-evolving process for decades. But at least the changes have been mostly steady and slow. But during the last 15 years the pace of regulatory change has not only accelerated, but it’s...more

Guidepost Solutions LLC

High-Risk Enforcement Areas for Financial Services Providers: AI, Lending, and Privacy

Did you know that U.S. federal regulators issued approximately 173 public enforcement actions against financial services providers in 2024? Over 35% of those enforcement actions resulted in some form of monetary penalty,...more

Latham & Watkins LLP

President Trump Issues Executive Order on Fair Banking

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Regulators are directed to avoid reputation risk, identify banks that have engaged in unlawful debanking, and take appropriate remedial actions. ...more

Moore & Van Allen PLLC

New Executive Order Raises Spotlight on Debanking

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As anticipated, on August 7th, the White House published its Executive Order designed to address the “unlawful debanking” of certain individuals and industries. The Executive Order titled Guaranteeing Fair Banking For All...more

DLA Piper

State Action Targets Use of Biased AI Underwriting Models: Key Points

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On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and...more

FBT Gibbons LLP

Disparate Impact Discrimination in AI Underwriting Alleged Against Student Loan Company

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On July 10, 2025, the Massachusetts Attorney General’s Office (AGO) reached a $2.5 million settlement with a private student loan company to resolve allegations that its lending practices violated various consumer protection...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Rejects DOJ’s Request to End Oversight of Pennsylvania Bank’s Redlining Settlement

On July 23, the U.S. District Court for the Eastern District of Pennsylvania denied the Department of Justice’s motion to terminate a consent order requiring a Pennsylvania bank to implement a five-year fair lending...more

Sheppard Mullin Richter & Hampton LLP

Massachusetts AG Settles with Student Loan Lender on AI-Based Fair Lending Violations

On July 10, Massachusetts Attorney General Andrea Joy Campbell announced a $2.5 million settlement with a student loan company to resolve allegations that its underwriting practices violated the Massachusetts Consumer...more

Hudson Cook, LLP

No AI Law? No Problem. How Massachusetts Attacked AI Underwriting Under Existing State Statutes

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On July 10, 2025, the Massachusetts Attorney General (AGO) entered into an Assurance of Discontinuance (AOD) with a private student loan lender (the Company), resolving allegations that the Company's underwriting practices...more

Ballard Spahr LLP

Massachusetts AG reaches settlement with student loan company, Earnest Operations LLC

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Massachusetts Attorney General Andrea Joy Campbell has reached a $2.5 million settlement with Earnest Operations LLC, a Delaware-based student loan company....more

GeoDataVision

Is Regulatory Enforcement Contradicting Trump’s “Deregulation” Executive Order?

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The Trump Administration officially has announced it intends to emphasize “deregulation” with a focus of eliminating 10 regulations for every new regulation. Eliminating regulations is one thing, but enforcement is another...more

Goodwin

Massachusetts Attorney General Settles with Student Loan Lender for Unlawful Practices Related to the Use of AI

Goodwin on

This Thursday, July 10, Massachusetts Attorney General Andrea Joy Campbell announced a $2.5 million settlement with a company that offers education financing products based in Delaware. ...more

Sheppard Mullin Richter & Hampton LLP

Illinois District Court Denies Motion to Vacate CFPB Redlining Settlement

On June 12, the U.S. District Court for the Northern District of Illinois denied a motion to vacate a November 2024 stipulated final judgement and order requiring a Chicago-based mortgage broker to pay a $105,000 civil money...more

Orrick, Herrington & Sutcliffe LLP

CFPB and DOJ terminate consent order with mortgage lender accused of redlining

On June 2, the U.S. District Court for the Eastern District of Pennsylvania granted a motion by the CFPB and DOJ to terminate a consent order and dismiss with prejudice a case alleging redlining against a mortgage lender...more

Sheppard Mullin Richter & Hampton LLP

DOJ Moves to End $13 Million Redlining Consent Order

On May 28, the U.S. Department of Justice filed a motion to terminate its redlining consent order against a New Jersey-based bank. The five-year order, entered in September 2022, resolved allegations that the banks violated...more

Husch Blackwell LLP

DE&I Rollbacks: Are Banks in the Crosshairs?

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In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use...more

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