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Expert Analysis

A Revived Disparate Impact Doctrine Under Biden's CFPB

By Andrew Michaelson, Brian Thavarajah and Margaret McPherson (February 17, 2021, 3:26 PM EST) -- The Consumer Financial Protection Bureau is expected to undergo significant changes under President Joe Biden. We anticipate that, among those changes, the CFPB will scrutinize lending practices that result in racial disparities, and will revive the "disparate impact" doctrine to pursue such practices as violations of the Equal Credit Opportunity Act....

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