The CFPB Flexes its Muscle in the Fair Lending and Anti-Discrimination Space: Thoughts on how to Reduce Your Risk

On March 16, 2022 the CFPB substantially expanded its authority to police alleged discrimination by issuing a revised UDAAP exam manual. The new guidance states that both intentional and unintentional discriminatory acts or practices that might otherwise fall outside the scope of the Equal Credit Opportunity Act might be considered “unfair” under UDAAP. The Bureau has also targeted algorithms and “black box” underwriting models as sources of discrimination risk, and has recently stressed the importance of compliance among vendors and other third-parties. Taken together, the risk of regulatory scrutiny in the fair lending and anti-discrimination space has never been higher.

Join Bradley attorneys Andrew Narod and Christopher Friedman as they discuss the new fair lending landscape. In particular, Andrew and Chris will provide a broad update on recent developments, and will provide initial guidance about “best-practices” designed to reduce your risk of regulatory scrutiny.