The Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Justice recently announced a proposed consent order with BancorpSouth Bank to settle charges that the bank's mortgage lending practices violated the Equal Credit Opportunity Act and Fair Housing Act. In addition to allegations of redlining and discrimination resulting from discretionary underwriting and pricing, the agencies' joint complaint included allegations of overt discrimination that were based in part on what the CFPB has called its first use of testers or "mystery shoppers" posing as consumers to support discrimination charges. While focused on mortgage lending, the settlement has significant fair lending implications for many types of non-mortgage credit.

In this webinar, we will analyze the settlement and share insights about what it means for providers of mortgage and non-mortgage credit.


Topics will include:

  • The significance of the discretionary underwriting and pricing claims for both mortgage and non-mortgage lending;
  • Tips for fair lending compliance for creditors who use judgmental underwriting and/or pricing;
  • How the settlement informs our interpretation of redlining risks, and how to avoid those risks
  • The implications of using testers, and our thoughts about the types of situations in which testers might be used in the future.

Date & TIme

Monday, July 25, 2016
12:00 PM - 1:00 PM ET


Alan S. Kaplinsky
Practice Leader
Consumer Financial Services


Richard J. Andreano, Jr.
Practice Leader
Mortgage Banking

Christopher J. Willis
Task Force Leader
Fair Lending

John L. Culhane, Jr.
Consumer Financial Services

This program is open to Ballard Spahr clients and members of the financial services and mortgage banking industries. There is no cost to attend. This program is not eligible for CLE credits.

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