Category Archives: Credit Reporting

The SAT Adversity Score Should Be Subject to the Fair Credit Reporting Act Protections

by Jeff Sovern The Wall Street Journal has reported that the College Board, providers of the SAT tests, will give colleges an adversity score for each applicant who takes the SAT to aid college in admissions decisions.  As the Journal explains: This new number, called an adversity score by college admissions officers, is calculated using […]

Did the AG-Credit Bureau Settlement Requiring Employees with Discretion to Review Consumer Disputes Change Things?

by Jeff Sovern Until 2015, when consumers submitted disputes to credit bureaus, the credit bureaus submitted the dispute to the creditor which had furnished the information, and if the creditor verified that the information was correct, the credit bureau reportedly would nearly always continue reporting the information in the consumer's credit report, despite the Fair […]

Odinet article on student debt, fintech, and discrimination

Christopher K. Odinet of Oklahoma has written The New Data of Student Debt, 92 Southern California Law Review (Forthcoming). Here is the abstract: Silicon Valley is increasingly setting its sights on student lending. Financial technology (fintech) firms such as SoFi, CommonBond, and Upstart are ever-expanding their online lending activities to help students finance or refinance […]

Prince & Schwarcz article on how AI is a game-changer for proxy discrimination

Anya Prince of Iowa and Daniel Schwarcz of Minnesota have written Proxy Discrimination in the Age of Artificial Intelligence and Big Data, Iowa Law Review, Forthcoming. Here's the abstract: Big data and Artificial Intelligence (“AI”) are revolutionizing the ways in which firms, governments, and employers classify individuals. Surprisingly, however, one of the most important threats […]

Paper: Geography of Credit Invisibility

Kenneth P. Brevoort, Jasper Clarkberg, Michelle Kambara, and Benjamin Litwin, all currently or formerly at the CFPB, have written The Geography of Credit Invisibility. Here's the abstract: This study builds on the Bureau’s earlier work and examines the relationship between geography and credit invisibility. The importance of geography in accessing credit has been long-standing concern for […]

DiLorenzo FinTech Article

by Jeff Sovern My colleague, Vincent DiLorenzo, has written Fintech Lending: A Study of Expectations Versus Market Outcomes, Forthcoming in Review of Banking & Financial Law. Here is the abstract: This paper documents the expectations for the fintech lending industry, which has emerged in this decade, and compares such expectations to market outcomes. It presents an […]

New Report from the Center for Responsible Lending Examines the Repayment Experiences of Payday Loan Borrowers in Colorado

Today, the Center for Responsible Lending released a new report examining the repayment experiences of borrowers of longer-term payday loans in Colorado. The report is based on focus groups that were conducted in four Colorado cities in September 2017. The full report is worth the read, but here are the key takeaways: In many cases, […]

Weinberg article on the history of credit reports

Jonathan Weinberg of Wayne State has written 'Know Everything that Can Be Known About Everybody': The Birth of the Credit Report, Villanova Law Review, Forthcoming. Here is the abstract: A remarkable amount of our personal information is in the hands of corporations such as the Experian credit bureau; strangers to us, they make their money by collecting our […]

Paper on the Use of Proxies to Determine Race/Ethnicity in Assessing Fair Lending

Yan Zhang of the Office of the Comptroller of the Currency (OCC) has written Assessing Fair Lending Risks Using Race/Ethnicity Proxies, 64 Management Science (January 2018). Here is the abstract: Fair lending analysis of non-mortgage credit products often involves proxying for race/ethnicity since such information is not required to be reported. Using mortgage data, this paper […]

CFPB announces second enforcement action under Mulvaney

by Jeff Sovern Here, against Security Group, Inc. As expected, the case involves debt collection problems but the Bureau also found FCRA issues. Here's an interesting thing about the case: remember how Mulvaney suggested that enforcement actions ought to be based on the numbers of complaints received? Well, I ran the three names in the CFPB's […]