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ARTICLE · 02 OCTOBER 2024

CFPB Reverse-Redlining Claim Survives Dismissal In Colony Ridge

Although the Court acknowledged that neither the Supreme Court nor Fifth Circuit had recognized reverse redlining as a form of discrimination, it relied on other district court decisions

United StatesFinance and Banking

On September 13, 2024, the United States District Court for the Southern District of Texas granted in part and denied in part the defendants' motion to dismiss in CFPB v. Colony Ridge, Case No. 4:23-cv-04729. The Court held that the Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Justice (DOJ) plausibly stated a claim for reverse redlining against three of the four defendants pursuant to the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691(a)(1), the Fair Housing Act (FHA), 42 U.S.C. §3605, and the Consumer Financial Protection Act (CFPA), 12 U.S.C. §§5531, 5536.

On December 20, 2023, the CFPB and DOJ had filed a Complaint against a land developer and two of its affiliates (the "developer"), and a mortgage processing company for violations of the FHA, ECOA, and the CFPA based on allegations that the defendants engaged in reverse redlining by targeting limited English proficiency (LEP) Hispanic mortgage loan applicants on the basis of

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