Southern District of New York Denies Class Certification in Fair Lending Suit Against Global Investment Bank

Class Action Fair Lending ECOA Disparate Impact FHA SDNY Discrimination

On May 14, the District Court for the Southern District of New York denied class certification status in a fair lending suit brought by the ACLU and NCLC against a global investment bank. Adkins v. Morgan Stanley, No. 12-CV-7667 (VEC) (S.D.N.Y. May 14, 2015).  The Plaintiffs had alleged that the bank, as a significant purchaser of subprime residential mortgage loans, had caused a disparate impact on African-American borrowers in Detroit in violation of the Fair Housing Act and the Equal Credit Opportunity Act.  In an exhaustive 50-page opinion, the court denied class certification on multiple grounds, including the variation in loan types and the role of broker discretion.  BuckleySandler anticipates the ruling will be widely cited in future fair lending class actions.