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CFPB’s ECOA proposal raises alarms over women’s ability to get a mortgage

The Consumer Financial Protection Bureau (CFPB) is proposing changes to rules under the Equal Credit Opportunity Act (ECOA) to clarify lenders’ responsibilities on issues including disparate impact, discouragement of applicants and special purpose credit programs (SPCPs) that industry leaders say could hurt women’s ability to get a mortgage loan in their own name. The comment period for the proposal ends on Dec. 15.

The proposal, published on Nov. 13 in the Federal Register, would remove the agency’s recognition of “disparate impact” claims, which allow borrowers to challenge policies that disproportionately harm certain groups, even without evidence of intentional discrimination.

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