The “disparate impact” test to prove discrimination under the Equal Credit Opportunity Act and Regulation B is still alive and well. That’s the message sent by the CFPB today in 
 Bulletin 2012-14 (Fair Lending).  In the bulletin, which the CFPB says it issued “in response to recent inquiries,” the CFPB “reaffirms that the legal doctrine of disparate impact remains applicable as the Bureau exercises it supervision and enforcement authority to enforce compliance with the ECOA and Regulation B.”… Continue Reading