Fair Lending

Our national team includes attorneys with significant experience defending fair lending enforcement investigations by the CFPB, DOJ, federal banking regulators, HUD, and state attorneys general, as well as fair lending-focused examinations by the CFPB, OCC, FDIC and New York Department of Financial Services. We also have extensive regulatory compliance and litigation experience, providing clients with practical and focused advice on all aspects of fair lending, serving as general outside fair lending counsel for many clients.

We closely monitor regulatory developments, court rulings, complaint filings, consumer advocacy group statements, and other trends in fair lending to help clients anticipate emerging risks and take necessary steps to reduce exposure. We conduct in-depth assessments of each client’s risk and are well-prepared to defend them in examinations, investigations, and litigation.

Twice recognized by Law360 as a Consumer Protection “Practice Group of the Year,” our team’s services include:

• Compliance advice regarding all federal and state fair lending laws.
• Representation in fair lending examinations and investigations by government regulators, including the CFPB, OCC, FDIC, Federal Reserve and New York Department of Financial Services, and in investigations and civil litigation by the U.S. Department of Justice.
• Review and negotiation of agreements related to Community Reinvestment Act (CRA) investment and loan transactions, including low-income housing tax credit, new markets tax credit, affordable housing, and other similar transactions.
• Drafting compliance and regulatory policies covering all aspects of fair lending, including model development, governance, and fair lending monitoring.
• Conducting fair lending reviews for clients, including partnering with statistical consultants to identify and mitigate any areas of fair lending risk.
• Assisting clients in designing Special Purpose Credit Programs and presenting those programs to regulators for review and comments.