In the American Banker. According to Berry, the CFPB wants to eliminate the use of disparate impact for proving violations of the Equal Credit Opportunity Act. Because it’s so difficult to win using the other principal way of proving ECOA violations, disparate treatment (and the Seventh Circuit bars the use of disparate treatment under ECOA […]
Author Archives: Jeff Sovern
As regular readers of the blog know, Ballard Spahr’s Consumer Finance Monitor podcast often interviews consumer legal scholars about their scholarship. Consequently, Alan Kaplinsky is always on the lookout for articles to feature on the podcast. If you have an article that you think might be of interest to Consumer Finance Monitor podcast listeners, please […]
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For those graduating or finishing clerkships in 2026. More information here. The application deadline is September 30.
Over at the Consumer Finance Monitor blog, Alan Kaplinsky has questioned the legal authority for President Trump’s Executive Order barring so-called debanking; that is, when banks close bank accounts based on someone’s political views. The blog post argues that to the extent that the EO is based on the CFPB’s and FTC’s unfairness powers, it […]
That’s one of the many issues raised by Seth Frotman & Brad Lipton’s short article in the California Law Review Online, The Greatest Trick John Roberts Ever Pulled: Convincing the World that Rigged Courts Are Neutral. Here’s some of what they say about disclosures: [T]he Roberts court has destroyed any justification for a disclosure-based consumer protection […]
You can see the advance notices of proposed rulemaking if you scroll down here. Of course, that presupposes that there will be any supervision.
Here is a discussion of that, on Ballard Spahr’s Consumer Finance Monitor Podcast.