Last week, the Solicitor General finally filed his brief expressing the views of the United States on whether the U.S. Supreme Court should grant the petition for certiorari pending in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. (The Supreme Court invited the Solicitor General to file the brief in
Magner
CFPB confirms plans to use “disparate impact” to prove lending discrimination
Posted in Fair Lending, Regulatory and Enforcement
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…
Will the Supreme Court rain on the Bureau’s disparate impact parade?
By Ballard CFS Group on
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…