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ARTICLE · 04 JULY 2019

Policy Makers Examine The Disparate Impact Risk Of Artificial Intelligence And Underwriting

Morrison Foerster
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Policy makers are showing increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting.

United StatesFinance and Banking

Policy makers are showing increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting. The concerns surrounding AI echo views on credit scoring and automated underwriting systems when they were first deployed decades ago. Congress and regulatory agencies are likely to press financial services providers to better understand the AI they use and to ensure that its use does not result in unfair treatment of minorities and other protected groups through the employment of seemingly neutral criteria that have a disproportionate impact on protected classes of consumers. 

Recent Congressional Hearing Highlights Risk From the “Black Box”

On June 26, the newly chartered Artificial Intelligence Task Force of the House Financial Services Committee held its first hearing, entitled “Perspectives on Artificial Intelligence: Where We Are and the Next Frontier in Financial Services.” Members of Congress and witnesses acknowledged AI’s

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