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Financial Services Law Insights and Observations

Warren and Brown ask CFPB for breakdown on fair lending enforcement

Federal Issues CFPB U.S. Senate Fair Lending Enforcement

Federal Issues

On November 25, Senators Elizabeth Warren (D-Mass) and Sherrod Brown (D-Ohio) wrote to CFPB Director Kathy Kraninger requesting a breakdown of how the Bureau enforces fair lending laws in light of recent allegations brought against a global financial services company that reportedly offered lower credit limits to women than to similarly creditworthy men. According to the Senators, the allegations raise questions as to whether a pattern of sex discrimination exists in the underwriting of the credit product and “underscore the importance of the CFPB adequately monitoring the lending practices of financial institutions . . . that are new to the consumer lending space.” The Senators also expressed concern that adjustments to the structure of the Bureau under President Trump’s administration have affected its “commitment to enforcing fair lending laws and carrying out its statutory responsibilities.” (Previous InfoBytes coverage here.) The Senators stated: “We’re concerned that this new structure, where many offices have varying degrees of authority, may allow new potentially discriminatory products to get to market without adequate oversight.” Specifically, the Senators asked the Bureau to respond to the following questions by December 9: (i) how does the Bureau “prioritize and evaluate risk when determining which financial institutions to examine for compliance with fair lending laws”; (ii) has the Bureau ever conducted a supervisory examination of the global financial services company’s fair lending compliance management system; (iii) have changes made to the Bureau’s structure affected its fair lending enforcement abilities; and (iv) are the Bureau’s standards used to determine violations of ECOA different under Director Kraninger. 

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