Fair Lending: Ramped Up Enforcement; DOJ and CFPB Involvement; “Disparate Impact” Theory of Discrimination as a Litigation Game Changer; Defending and Managing the Latest Predatory and Abusive Lending Claims Including Discriminatory Pricing/Steering;

January 29, 2015 1:15pm

Frank Hirsch

Alston & Bird LLP

Thomas M. Hefferon

Goodwin Procter LLP

  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
  • Evolving definitions of “fair lending”
  • Recent litigation developments: allegations of discriminatory pricing or steering
  • Fair lending settlement orders, themes and implications: negotiating successful resolutions
  • Interplay between UDAAP and fair lending
  • Fair Housing Act as the basis for disparate impact claims
  • DI claims in cases where lenders choose only QM safe harbor or QRM loans because of liability and financing imperatives (reputational, PR and monetary risk)
  • Assessing recent discrimination cases and actions, and defending against the latest claims alleging fair lending violations
  • How state and federal agencies are approaching fair lending issues
  • Preparing for enhanced scrutiny of fair lending issues by the CFPB and DOJ
  • Evaluating and assessing recent and emerging CFPB and DOJ enforcement actions