The Supreme Court has granted certiorari twice (including most recently in the Mount Holly case) to address the question of whether disparate impact claims are viable under the Fair Housing Act. The first case settled before the Court had the opportunity to address this question, and the second (Mt. Holly) is close to settlement. But other challenges to disparate impact are pending, including an action challenging HUD’s disparate impact rule under the Fair Housing Act.

A ruling that disparate impact claims are not available under the FHA due to a lack of plain-language support could also sound the death knell for such claims under the Equal Credit Opportunity Act. Even so, lenders may not see any significant change in the Consumer Financial Protection Bureau's approach to fair lending supervision and enforcement.

In this webinar, we will discuss the implications of a possible demise of the disparate impact theory on fair lending supervision and enforcement at the CFPB. Attorneys from Ballard Spahr's Consumer Financial Services Group will be joined by Deepak Gupta. Mr. Gupta, formerly CFPB Senior Counsel, is a founding principal at Gupta Beck, a litigation boutique representing consumers in high-stakes appellate matters. Mr. Gupta represented current and former members of Congress as amici curiae in Mt. Holly; Ballard Spahr represented one of the defendants in the case.


  • The CFPB's continuing focus on fair lending
  • The use of disparate impact evidence by regulators to support "pattern and practice" intentional discrimination claims 
  • The practical differences between fair lending compliance and self-assessment under a disparate treatment analysis , as opposed to a disparate impact analysis 
  • Tips for self-assessments  


12:00 PM - 1:00 PM ET | Webinar


Alan S. Kaplinsky, Practice Leader
Consumer Financial Services Group
Ballard Spahr


Deepak Gupta
Gupta Beck

John L. Culhane, Jr.
Consumer Financial Services Group
Ballard Spahr

Christopher J. Willis
Consumer Financial Services Group
Ballard Spahr

This program is open to Ballard Spahr clients and Gupta Beck clients and members of the financial services industry. There is no cost to attend. This program is not eligible for continuing education credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Lisa Prickril at

Related Practices

Consumer Financial Services
Mortgage Banking