Disparate impact, the much maligned theory of proving credit discrimination under the Fair Housing Act and the Equal Credit Opportunity Act, was due to be tested before the U.S. Supreme Court. However, settlement discussions between the parties in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. — a case that potentially would have limited the availability of disparate impact under the FHAct and, by extension, the ECOA — have made that chance unlikely. ...

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Consumer Financial Services
Mortgage Banking