Category Archives: Disparate Impact

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FinTech Lenders on Notice: Congressman Launches Investigation into FinTech Lending

Rep. Emanuel Cleaver II has begun an investigation into small business financial technology (FinTech) lending, expressing concern that “some FinTech lenders may be trapping small business owners in cycles of debt or charging higher rates to entrepreneurs of color.” Cleaver stated that his investigation is particularly interested in payday loans for small businesses because the … Continue Reading

U.S. Supreme Court Upholds Use of Disparate Impact Claims in Fair Lending Enforcement

The US Supreme Court finally weighed in today on whether the disparate impact theory may be used to prove housing discrimination and ruled that such claims are viable under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq. This means plaintiffs only need to show the discriminatory effect of a particular business practice without … Continue Reading
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