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

The Supreme Court recently granted certiorari in a case that may require the CFPB to re-write part of its recently-released Mortgage Servicing Examination Procedures. Magner v. Gallagher raises the issue of whether disparate impact claims are even cognizable under the Fair Housing Act, and will require the Supreme Court to decide that issue in the