Fair Lending
A firm of preeminent repute in the fair lending space.Chambers USA
Practice Overview
While fair lending has been a major enforcement priority for more than 25 years, the establishment of the Fair Lending Unit in the Housing and Civil Enforcement Section of the Department of Justice’s (DOJ) Civil Rights Division in 2010 and the creation of the Consumer Financial Protection Bureau (CFPB) in 2011 has intensified governmental scrutiny in this area. Since then, Buckley, which Chambers USA calls “a firm of preeminent repute in the fair lending space,” has been leading the way in defending the nation’s top banks, mortgage lenders, auto lenders, credit card issuers, and other consumer finance companies in traditional and emerging areas of fair lending supervision and enforcement.
A history of success before multiple state and federal agencies has made our Fair Lending practice the first call for clients. From redlining and steering allegations to pricing and underwriting discrimination claims, our fair lending lawyers are some of the nation’s foremost authorities on the panoply of federal and state fair and responsible lending laws and regulations. We work closely with our clients not only to address their current challenges, but also to design and implement fair lending compliance and monitoring programs that are forward-looking, including those in emerging areas such as marketplace lending and the alternative financial services space.
Buckley’s Fair Lending practice provides proactive regulatory counseling, compliance advice, examination management support, and enforcement action and litigation representation every day. The comprehensive counseling we provide is shaped by our lawyers’ extensive experience representing clients in federal and state examinations and government enforcement investigations, administrative proceedings, and complex civil litigation encompassing the full spectrum of issues related to fair and equitable treatment of consumers.
Our fair lending engagements include:
- Representing financial services clients in more than 80 DOJ, CFPB, and federal banking agency fair lending enforcement actions and providing counseling and compliance advice to mitigate fair lending risk
- Defending dozens of financial institutions in threatened or actual referrals by the federal banking agencies to DOJ for alleged “pattern or practice” lending discrimination involving mortgage, auto, credit card, small business, and consumer lending for a wide variety of disparate treatment and disparate claims alleging redlining, reverse redlining, pricing and underwriting discrimination, discrimination in loss mitigation and collections, and discriminatory marketing practices
- Defense of class action litigation against mortgage redlining and reverse redlining allegations brought by several municipalities
- Defending numerous financial institutions in fair lending protests to transactional applications filed with the Federal Reserve Board (FRB)
- Representing financial institutions in housing discrimination complaints filed by individuals and consumer advocacy groups with local and state civil rights commissions and the Department of Housing and Urban Development (HUD)
- Defense of mortgage lender in lawsuit alleging discriminatory sales practices
- Assisting dozens of clients in development and oversight of their fair lending monitoring programs, including direction and supervision of external consultants
A firm of preeminent repute in the fair lending space.Chambers USA
Articles
"Fairness gone viral: Fair lending considerations for financial institutions amid Covid-19" by Jonice Gray Tucker and Caroline M. Stapleton (American Bar Association Business Law Today)
The COVID-19 pandemic has had a disproportionate impact on certain protected classes in the United States, including, in particular, minority populations. Non-white populations have seen higher hospitalization rates, more deaths, and higher unemployment numbers over the past six months as compared...
ArticlesSpecial Alert: HUD finalizes new disparate impact regulation
The Department of Housing and Urban Development earlier this month issued a final disparate impact regulation under the Fair Housing Act (Final Rule). HUD’s new Final Rule is intended to align its disparate impact regulation, adopted in 2013 (2013 Rule), with the Supreme Court’s 2015 ruling in...
Special AlertsSpecial Alert: CFPB takes first-ever agency redlining action against nonbank lender
On July 15, the Consumer Financial Protection Bureau filed a complaint against a Chicago-based nonbank mortgage company alleging fair lending violations predicated, in part, on statements made by the company’s owner and other employees during radio shows and podcasts from 2014 through 2017. The...
Special AlertsSpecial Alert: OCC issues CRA final rule
On May 20, the Office of the Comptroller of the Currency announced a final rule to modernize the regulatory framework implementing the Community Reinvestment Act. The final rule marks the culmination of a three-year effort led by the Treasury Department to revamp the CRA and arrives exactly six...
Special Alerts"Ruling on anti-hacking law may guide fair lending tests" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
Regulators, consumer groups, academics and private litigants are grappling with the fair lending implications of the credit models powering the explosive growth in online lending by banks and financial technology firms. The U.S. District Court for the District of Columbia in late March concluded...
ArticlesSpecial Alert: OCC and FDIC issue CRA modernization proposal
On December 12, 2019, the OCC and the FDIC jointly issued a notice of proposed rulemaking (NPR) to modernize the regulatory framework implementing the Community Reinvestment Act. The NPR generally focuses on expanding and delineating the activities that qualify for CRA consideration, providing...
Special Alerts"HUD’s disparate impact proposal clarifies fair lending laws" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
The U.S. Department of Housing and Urban Development last month released its long-anticipated proposal to revise its disparate impact rule under the Fair Housing Act. Although the proposal has attracted some criticism from those who believe the proposal would make it more difficult for plaintiffs...
Articles"FHA enforcement: What decreased reliance on the False Claims Act means for FHA lenders and servicers" by Melissa Klimkiewicz, Michelle L. Rogers, and Katherine Brockway Katz (HousingWire)
Top offcials at the U.S. Department of Housing and Urban Development are looking to chart a new course to win back banks that have fled the Federal Housing Administration lending program following a series of multimilliondollar False Claims Act settlements. In the past, HUD has partnered with the U...
Articles"Alternative data and fair lending face off: The relationship is complicated" by Jonice Gray Tucker and Caroline M. Stapleton (Mortgage Compliance Magazine)
Thinking of getting into a relationship with alternative data? You're not alone. Use of "alternate data," a term broadly used to describe consumer information gathered from non-conventional sources, is becoming increasingly attractive to mortgage lenders, their service providers, and even consumers...
Articles"Breaking down (language) barriers: A practical approach to LEP borrowers" by Jessica L. Pollet and Susanna K. Sedrak (Westlaw Journal)
In roughly 5.3 million households in the United States, the head of the house doesn’t speak English as the primary language or has limited ability to understand it.1 But like most individuals seeking full participation in the U.S. economy, those with limited English proficiency need access to...
Articles"Finding the purpose in bureau civil investigative demands" by Aaron C. Mahler (Bloomberg BNA)
“Why me?” It’s a common refrain whenever something bad happens. It’s also one of the first questions companies ask when finding themselves on the receiving end of a civil investigative demand from the Consumer Financial Protection Bureau. The logical place to look should be the notification of...
Articles"Is the CFPB bound by its non-binding guidance? The implications of the PHH due process decision for TRID and other CFPB rules" by Steven R. vonBerg
Predictability and certainty are crucial components of the consumer finance market. Consumers crave it, as do industry participants. A common understanding of legal requirements promotes uniformity in the application of consumer protections and allows lenders, servicers, systems providers,...
Buckley Commentary & AnalysisSpecial Alert: Supreme Court Holds Cities Have Standing Under FHA, But Limits Potential Claims
On May 1, the Supreme Court ruled 5-3 that municipal plaintiffs may be “aggrieved persons” authorized to bring suit under the Fair Housing Act against lenders for injuries allegedly flowing from discriminatory lending practices. However, the Court held that such injuries must be proximately caused...
ArticlesSpecial Alert: Maryland Ruling Opens New Front in Battle Over Bank Partnership Model
On June 23, the Maryland Court of Appeals affirmed a lower court judgment holding that a non-bank entity assisting consumers obtain loans from an out-of-state bank and then repurchasing those loans days later qualifies as a “credit service business” under the Maryland Credit Services Business Act (...
ArticlesSpecial Alert: CFPB's Proposed Rule Regarding Payday, Title, and Certain Other Installment Loans
On June 2, 2016, the CFPB published its proposed rule (the “ Proposed Rule ”) addressing payday loans, vehicle title loans, and certain other installment loans (collectively “covered loans”). This alert summarizes the Proposed Rule and compares the Proposed Rule to the CFPB’s March 26, 2015 outline...
ArticlesThe Impending Impact of Section 1071 and Creeping Consumerism on Equipment Finance
Moorari Shah and Mitchell Grod authored "The Impending Impact of Section 1071 and Creeping Consumerism on Equipment Finance," which was published in the Winter 2016 issue of the Journal of Equipment Lease Financing. Section 1071 of the Dodd-Frank Act goes beyond consumer lending to regulate...
ArticlesCitizen, Soldier, Small Business Owner? Commercial Lending and the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act, 50 U.S.C.A. § 3901, provides certain protections to military servicemembers regarding their financial obligations. The act applies to virtually every type of debt that a service member may obtain. It provides benefits such as an interest rate cap and procedural...
ArticlesInclusive Communities and Disparate Impact Under the Fair Housing Act
On June 25, 2015, the Supreme Court announced its highly anticipated opinion in Texas Dept. of Housing and Comm. Affairs v. Inclusive Comm. Project, Inc. The question presented to the Court was whether plaintiffs bringing suits under the Fair Housing Act (the “Act”) would be permitted to continue...
ArticlesSpecial Alert: Supreme Court Upholds Disparate Impact Under Fair Housing Act, But Emphasizes Limits on Such Claims
Today, the Supreme Court in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. held that disparate-impact claims are cognizable under the Fair Housing Act (FHA). In a 5-4 decision, the Court concluded that the use of the phrase “otherwise make available” in...
Articles
News & Blogs
Biden administration to reinstate fair housing rules
On April 12, the Office of Management and Budget posted notices pending regulatory review related to two HUD fair housing rules rescinded under the Trump administration. The first notice announces a pending proposed rule to reinstate HUD’s Discriminatory Effects Standard related to a September 2020...
InfoBytesCFPB delivers 2020 fair lending report to Congress
On April 14, the CFPB issued its annual fair lending report to Congress, which outlines the Bureau’s efforts in 2020 to fulfill its fair lending mandate, while protecting consumers against the resulting economic consequences of the Covid-19 pandemic. According to the report, the Bureau continued to...
InfoBytesNYDFS finds credit card underwriting showed no evidence of wrongdoing
In March, NYDFS released a report detailing the findings of an investigation into whether a global technology company and a New York state-chartered bank allegedly discriminated against women when making underwriting decisions for a co-branded credit card. According to the report, in 2019,...
InfoBytesHUD approves settlement resolving alleged lending discrimination
On March 19, HUD released a Conciliation Agreement between an individual consumer and a mortgage lender to resolve allegations that the lender violated the Fair Housing Act by denying the consumer’s loan for a group home for persons with disabilities. The lender denied any discriminatory behavior,...
InfoBytesHUD approves settlement resolving Fair Housing Act violation
On March 8, HUD released a Conciliation Agreement between an African-American consumer and a mortgage lender to resolve allegations that the consumer’s home was appraised at an amount lower than its actual worth due to her race. Under the Fair Housing Act, a homeowner’s race may not influence the...
InfoBytesCFPB: Lenders cannot discriminate on the basis of sexual orientation or gender identity
On March 9, the CFPB issued an interpretive rule to clarify that ECOA’s prohibition against sex discrimination includes sexual orientation and gender identity discrimination. “This prohibition also covers discrimination based on actual or perceived nonconformity with traditional sex- or gender-...
InfoBytesFDIC updates Consumer Compliance Examination Manual
On March 2, the FDIC announced updates to its Consumer Compliance Examination Manual (CEM). The CEM includes supervisory policies and examination procedures for FDIC examination staff evaluating financial institutions’ compliance with federal consumer protection laws and regulations. The recent...
InfoBytesHouse discusses lending discrimination, proposed fair lending legislation
On February 24, the House Financial Services Committee’s Subcommittee on Oversight and Investigations held a hearing entitled “How Invidious Discrimination Works and Hurts: An Examination of Lending Discrimination and Its Long-term Economic Impacts on Borrowers of Color.” The subcommittee’s...
InfoBytesFDIC releases fair lending videos
On February 23, the FDIC released nine technical assistance videos on fair lending compliance. The videos provide FDIC-supervised institutions with a high-level overview on ways to assess and mitigate fair lending risk and understand how examiners evaluate fair lending compliance. Information...
InfoBytesHUD to “fully enforce” prohibition against sex- and gender-based discrimination
On February 11, HUD announced that it will administer and enforce the Fair Housing Act (FHA) to prohibit discrimination on the basis of sexual orientation and gender identity, in response to President Biden’s Executive Order (E.O.) 13988 . According to a memorandum issued by HUD’s Acting Assistant...
InfoBytes
Press Releases & Announcements
Legal 500 2020 recognizes 21 Buckley attorneys in six practice areas
“Buckley attorneys are incredibly responsive while providing top quality legal services,” is how respondents described the firm in the 2020 edition of Legal 500, which ranked Buckley as a top law firm and recognized it in six categories:
- Corporate Investigations and White ...
The Legal 500 2019 recognizes 17 Buckley attorneys in five practice areas
The Legal 500 once again ranked Buckley as a top law firm and recognized it in five categories:
- Corporate Investigations and White Collar Criminal Defense: Corporate – Tier 4
- Corporate Investigations and White Collar Criminal Defense: Individuals – Tier 2 ...
The Legal 500 2018 recognizes five practice areas and 17 attorneys at Buckley Sandler
Buckley Sandler LLP again has been noted as one of the nation’s top law firms by The Legal 500 in its 2018 rankings, with recognition in five practice areas:
- Financial Services: Litigation
- Financial Services: Regulation
- Corporate ...
The Legal 500 2017 Recognizes Four Practice Areas and 20 Attorneys at Buckley Sandler
Buckley Sandler has again been cited as one of the nation’s top law firms by The Legal 500 in its 2017 rankings, with the recognition of four practice areas:
- Financial Services: Litigation
- Financial Services: Regulatory
- Cyber Law (Data Protection and ...
Former Deputy Chief Counsel for Office of the Comptroller Joins BuckleySandler
WASHINGTON, DC (January 3, 2017) – BuckleySandler LLP, a premier financial services, government enforcement and litigation law firm, announced today that former Deputy Chief Counsel for the Office of the Comptroller of the Currency (OCC), Daniel P. Stipano has joined the firm as a Partner in its...
Press ReleasesBuckleySandler Hosts Eighth Annual Fair Lending Today Conference
BuckleySandler LLP hosted its eighth annual Fair Lending Today conference in Washington, DC on March 13-14, 2016. The two-day event featured an evening of interactive roundtable discussions on fair lending issues, followed by a full day of seminars. The sessions were led by BuckleySandler attorneys...
Press ReleasesBuckley Sandler Hosts Annual Fair Lending Today Conference
Buckley Sandler LLP hosted its annual Fair Lending Today conference in Washington, DC, March 15-16, 2015. The two-day event featured an evening of interactive roundtable discussions on fair lending issues, followed by a full day of seminars. The roundtables and seminars were led by Buckley Sandler...
Press Releases
Our Fair Lending Team
Partners
FYI
"Fairness gone viral: Fair lending considerations for financial institutions amid Covid-19" by Jonice Gray Tucker and Caroline M. Stapleton (American Bar Association Business Law Today)
Special Alert: HUD finalizes new disparate impact regulation
Special Alert: CFPB takes first-ever agency redlining action against nonbank lender
Recent Blog Posts
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April 16, 2021
Biden administration to reinstate fair housing rules
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April 16, 2021
CFPB delivers 2020 fair lending report to Congress
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March 26, 2021
NYDFS finds credit card underwriting showed no evidence of wrongdoing
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March 25, 2021
HUD approves settlement resolving alleged lending discrimination
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March 12, 2021
HUD approves settlement resolving Fair Housing Act violation