Jun 3

Fair Lending Examinations: Increased Scrutiny, New Methodologies & False Positives

Registration Options & Pricing

Please select your membership status.

Recorded Webinar Includes

  • Recording of the Live Webinar
  • Available 6 business days following Live date
  • Handout and Take-Away Toolkit
  • Available on Desktop, Mobile & Tablet
  • Free Digital Download, yours to keep
  • Share link with anyone at your bank
  • Presenter’s contact info for follow-up

12:00 pm – 1:30 pm PT
1:00 pm – 2:30 pm MT
2:00 pm – 3:30 pm CT
3:00 pm – 4:30 pm ET

The law has long permitted the use of disparate impact analysis to prove discrimination, which means that your bank can be found liable for discrimination even if there was no intent to discriminate. Community banks have recently reported that regulators are using statistical analysis and unpublished analytical formulas during fair lending exams, with a new focus on unsecured and vehicle loans, in addition to home loans. The problem is that using these new methodologies and analytical formulas has resulted in “false positive” findings of discrimination.

The ICBA stated recently:

A recent trend of increased scrutiny and changed methodologies in fair lending exams and investigations has resulted in ‘false positive’ findings of disparate treatment, thus requiring the affected community banks to spend large amounts of time and money in disproving false fair lending allegations. Community banks are particularly vulnerable to such allegations because they are committed to working with their customers to provide customized loans under exceptional circumstances.

The new concern is that regulators can establish disparate impact (i.e., discrimination) based solely on statistics and unpublished analytical formulas. This webinar will help you prepare for your next fair lending exam and include suggestions on how to defend against disparate impact and discrimination claims.

Attendance certificate provided to self-report CE credits.


  • Overview of the fair lending laws and your institution’s obligations
  • Risks of noncompliance
  • Difference between discrimination and disparate impact
  • Restrictions on obtaining a spouse’s signature on loan documents and situations when a spouse’s signature is permitted
  • Defending against red-lining claims

    • Interagency Fair Lending Examination Procedures
    • Fair Lending Report of the Bureau of Consumer Financial Protection (December 2018)
    • Employee training log
    • NEW – Interactive quiz


This informative session is designed for all lending personnel, including loan officers, loan operations personnel, credit analysts, compliance officers, auditors, attorneys, and managers.


NOTE:  All materials are subject to copyright. Transmission, retransmission, or republishing of any webinar to other institutions or those not employed by your financial institution is prohibited. Print materials may be copied for eligible participants only.


Spencer Fane LLP
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