News & Analysis as of

LGBTQ Fair Lending

Sheppard Mullin Richter & Hampton LLP

Lawsuit Challenges CFPB Reporting Rule for Small Business Lending

On April 26, an association of Texas state banking organizations and a Texas minority depository institution filed a joint complaint against the CFPB in Texas federal court seeking to invalidate a recently finalized agency...more

Ballard Spahr LLP

House Financial Services Subcommittee on Oversight and Investigations Holds Hearing on Lending and Housing Discrimination Against...

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On October 29, 2019, the House Financial Services Subcommittee on Oversight and Investigations held a hearing to explore the issue of lending and housing discrimination against members of the LGBTQ+ community....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

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

CFPB May Rely on New Employment Discrimination Case in Fair Lending Context

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The CFPB may seek to rely on a recent Seventh Circuit employment discrimination case to support its view that the Equal Credit Opportunity Act’s (ECOA’s) prohibition against discrimination on the basis of “sex” includes...more

Ballard Spahr LLP

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

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On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

McGuireWoods LLP

CFPB Announces that ECOA Protects LGBT Persons From Discrimination in Lending

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This summer, the Consumer Financial Protection Bureau (CFPB) was asked by an LGBT advocacy group whether the provision of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 et seq., that prohibits discrimination on the...more

Ballard Spahr LLP

CFPB builds case for ECOA protection for gender identity and sexual orientation

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While CFPB officials have suggested in public remarks that the Equal Credit Opportunity Act’s prohibition against discrimination on the basis of “sex” includes discrimination based on gender identity and sexual orientation, a...more

Ballard Spahr LLP

CFPB raising LGBT issues with supervised entities

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We recently blogged about remarks made by Patrice Ficklin, Director of the CFPB’s Office of Fair Lending, at the American Bar Association’s Consumer Financial Services Institute. In her remarks, she stated that the CFPB is...more

Ballard Spahr LLP

Fair Lending Director Ficklin Discusses Small Business Lending, LGBT issues, LEP consumers and Inclusive Communities at ABA...

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Last Thursday, I had the pleasure of teaching a class on payments and banking products to new lawyers at the American Bar Association’s Consumer Financial Services Institute. I arrived early for the class and got to hear a...more

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