Courts likely to apply same discrimination theories in HUD, CFPB cases

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CFPB Bulletin 2013-07 Date: July 10, 2013 Subject: Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the Collection of Consumer Debts Under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd- Frank Act), all covered persons or service providers are legally required to refrain from committing unfair, deceptive, or.

Two weeks ago it was the U.S. Department of Justice (DOJ) announcing the large settlement of a housing discrimination case. Last week, it was the U.S. Department of Housing and Urban Development (HUD) issuing a press release in which it confirmed an agreement with a Virginia property owner resolving allegations of housing discrimination raised on behalf of residents with disabilities in two of.

The Court’s decision could have broad implications for a wide range of other sellers, and likely prohibits the Department from. two identical items could be used in different ways on the same.

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 · Disparate Impact and Fair Housing: Seven Cases You Should Know Last week, the Obama administration formalized the legal standard it has used to enforce fair housing laws and hold banks accountable.

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incentive for lawyers to take on cases for clients who are victims of discrimination. In many areas of the country, fair housing centers are available to assist the attorney in investigating and preparing the case. This Primer is revised periodically so that it reflects the most recent developments in fair housing law and practice.

including the DOJ and the CFPB, have taken the position that. A recent line of Supreme Court cases has emphasized that the text of the. that prohibit discrimination, the second of which provides that an. such use of the disparate impact theory in such cases remains. ECOA adopting the same theory. 6.

Consumer Financial Protection BureauThe Bureau may enforce the law by filing an action in federal district court or by initiating. American Express also discriminated against certain consumers with .

In recent years, the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) have increased fair lending enforcement under the disparate impact theory of liability. This term, however, the U.S. Supreme Court is set to rule in a case that could curtail or eliminate the use of disparate impact in the fair lending context.