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;
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