Policy Briefs, Reports & Press Releases
Press Release: Congress Votes to Roll Back CFPB Guidance to Help Auto Lenders Avoid Discrimination, May 8, 2018
Policy Brief: Past Imperfect: How Credit Scores and Other Analytics "Bake In" and Perpetuate Past Discrimination, May, 2016
Policy Brief: Racial Disparities in Auto Loan Markups: State-by-State Data, June 2015
Press Releases: Consumer Financial Protection Bureau Will Hold Auto Lenders Accountable For Discrimination in Auto Lending, March 2013
Report: Why Responsible Mortgage Lending Is a Fair Housing Issue, February 2012
Issue Brief: State-by-State Racial Disparities in Auto Lending by Auto Dealers, May 2010
Comments, Letters, & Testimony
- Group letter to CFPB's Acting Director Mulvaney seeking to remove Mr. Eric Blankenstein from having any involvement in the Bureau’s oversight and enforcement of antidiscrimination laws, Oct. 5, 2018
- Comments in response to the Consumer Financial Protection Bureau’s (CFPB) RFI on the importance of maintaining Regulation B (Reg B) and the use of the long-established disparate impact doctrine in enforcement actions, examinations, and complaint investigations that have Equal Credit Opportunity Act (ECOA) implications, June 25, 2018
- Comments re Consumer Financial Protection Bureau’s (CFPB’s) proposal to align the requirements of the Equal Credit Opportunity Act (ECOA) with the data collection requirements of the Home Mortgage Disclosure Act (HMDA), May 4, 2017
- Consumer and civil rights groups letter to credit reporting agencies requesting free credit and specialty reports in multiple languages for Wells Fargo customers affected by phantom accounts, Oct. 6, 2016
- Coalition letter to the Federal Housing Finance Agency, Fannie Mae, and Freddie Mac urging the GSEs to include language preference in the Uniform Residential Loan Application, March 23, 2016
- Comments to CFPB on the proposed rule amending Regulation C of the Home Mortgage Disclosure Act (HMDA), Oct. 29, 2014
- Group letter to CFPB regarding improvements to the Home Mortgage Disclosure Act (HMDA) website, March 6, 2014
- Letter to HUD regarding Extension of a Currently Approved Information Collection, January 7, 2014
- Testimony at the CFPB Auto Finance Forum re: results of NCLC's auto finance discrimination litigation, Nov. 2013
Video of CFPB Auto Finance Forum (Stuart Rossman testimony begins at 55:25)
- Comments to the U.S. Housing and Urban Development re: Implementation of the Fair Housing Act's Discriminatory Effects Standard, January 17, 2012
- Testimony before the EEOC re: Use of Credit Information beyond Lending: Issues and Reform Proposals on the Use of Credit Reports in Employment and Restoring Consumer Rights for Adverse Action Disclosures, May 12, 2010
- Testimony before the U.S. House Financial Services Committee on the Need for Race, Age and Sex Data on Non-Mortgage Lending, July 2008
- Letter to the U.S. Senate Banking Committee requesting oversight hearings regarding the state of fair housing and lending enforcement in America and Letter to the U.S. House Financial Services Committee, February 2007.
Litigation & Amicus Briefs
- American Insurance Association v. U. S. Department of Housing and Urban Development, Case No. 1:13-cv-00966-RJL (D.D.C.) NCLC joined an amicus brief drafted by the NAACP Legal Defense and Educational Fund and the American Civil Liberties Union, also joined by the National Community Reinvestment Coalition, in support of the defendant's motion to dismiss or, in the alternative, for summary judgment in this case challenging HUD's Discriminatory Effects Rule under the Fair Housing Act. (2/20/2014)
- Township of Mount Holly, New Jersey v. Mt. Holly Gardens Citizens in Action, Inc., U.S. Supreme Court, No. 11-1507
NCLC and ACLU filed an amicus brief, joined by seven other advocacy groups, supporting the respondents' position that the U.S. Court of Appeals for the Third Circuit decided correctly in ruling that the Fair Housing Act authorizes disparate impact civil rights claims as a means to combat housing discrimination.
- Beverly Adkins et al. v Morgan Stanley: NCLC is co-counsel for African American plaintiffs in a landmark lawsuit brought against Morgan Stanley. The lawsuit claims that the Defendant violated federal civil rights laws, the Fair Housing Act and the Equal Credit Opportunity Act as well as state laws by adopting mortgage securitization policies that caused predatory lending and adversely impacted African Americans in the Detroit, Michigan area.
- Subprime Mortgage Discrimination: National class action cases brought under the Fair Housing Act and the Equal Credit Opportunity Act against certain subprime mortgage lenders.
- Auto Finance Discrimination: NCLC served as co-counsel in national class-action cases brought under the Equal Credit Opportunity Act against certain auto finance companies and banks. The lawsuits, which exposed practices that had operated secretly for over 75 years and had resulted in higher-interest rate car loans for African Americans and Hispanics, have transformed car financing practices across the industry.
- Magner v. Gallaher, U.S. Supreme Court No.1032
- NCLC has joined an amicus brief prepared by the Lawyers' Committee for Civil Rights Under Law with other national civil rights organizations arguing that the Fair Housing Act properly is interpreted to authorize disparate impact claims and that the Eight Circuit applied the correct burden shifting approach to litigating disparate impact claims consistent with the way Title VII cases are litigated and HUD's proposed regulation governing this subject. Brief. NCLC also consulted with the ACLU (which cites NCLC's Credit Discrimination manual and references NCLC's sub-prime mortgage discrimination disparate impact cases brought under the Fair Housing Act) and the Department of Justice with regards to the preparation of the amicus briefs they separately prepared and filed with the Supreme Court in the appeal. Briefs.
Resources (Conferences, Trainings & Webinars)
- Credit Scoring and Credit Reporting Symposium, June 2012
(Sponsored by NCLC and Suffolk University Law School)
This two-day symposium held in Boston brought together more than 100 civil-rights advocates, academics, industry representatives, and government officials from around the nation. A session on the impact of credit scoring and reporting on protected classes included presenters from the Federal Reserve Board, Woodstock Institute, National Fair Housing Alliance, and National Council of La Raza (discussant).
- Addressing the Disparate Impact of the Mortgage & Foreclosure Crisis on Communities of Color, November 2010
(Co-sponsored by NCLC, Association of Black Foundation Executives; Annie E. Casey Foundation; Asset Funders Network; Grantmakers for Children, Youth & Families; Hispanics in Philanthropy; The Hyams Foundation; Living Cities; Neighborhood Funders Group; New England Blacks in Philanthropy; and Open Society Foundations.)
Held in Boston and attended by about 50 funders, housing counselors, and advocates from across the country, participants in this roundtable meeting discussed the current work being done to address the foreclosure crisis and ways to replicate successes in other communities. The meeting also offered a special opportunity for funders to collaborate on funding strategies that would address the devastating impact of foreclosures in communities of color.
- The Color of Credit: Combating Disparate Impact in Consumer Finance Symposium, September 2010
Held at the Baltimore branch of the Federal Reserve Bank of Richmond, this NCLC symposium drew 87 civil-rights activists, consumer advocates, academics, and policymakers. The symposium focused on combating credit discrimination and ensuring fair and impartial access to credit through data analysis, the establishment of new policies and disparate impact litigation.
Related Webinar: Credit Discrimination: New Ideas for Challenges to Discriminatory Policies, April 2011
- As part of the National Council of La Raza's National Learning Alliance, NCLC developed a fair lending course and delivers on-going webinars on fair lending and credit discrimination to housing counselors and advocates nationwide.