Author: Eric Epstein

Eric Epstein

Eric has over 10 years of litigation experience. He has first-chaired trials in federal and state courts. Eric also serves as an adjunct instructor at Columbia University School of Law, where he teaches legal writing and oral advocacy.

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Update on the U.S. Supreme Court’s Inclusive Communities Decision

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to assessing claims that housing policies cause disparate impact on minority populations in violation of the Fair Housing Act (“FHA”) (42 U.S.C. § 3601). By adopting that approach, the Court confirmed the availability of this form of lawsuit against government entities that implement housing policies.

The New “Yelp.com” for the Consumer Finance Industry

The CFPB recently added a new feature to its Consumer Complaint Database: namely, consumers now have the option to publish “narratives” detailing their allegations against a company. The problem lies in the possibility that these hearsay “narratives” will be used against companies in connection with enforcement actions or lawsuits.

Are Disparate Impact Claims Legally Cognizable Under ECOA?

In Texas Dep’t of Housing and Community Affairs v. The Inclusive Communities Project, 135 S. Ct. 2507 (2015), the Supreme Court held that disparate impact claims are legally cognizable under the Fair Housing Act (“FHA”). Is this reasoning applicable to the Equal Credit Opportunity Act (“ECOA”)?

Dorsey’s Webinar on the Inclusive Communities Decision

On August 27, 2015, David Scheffel, Joe Lynyak, Nicholas Vlietstra and Eric Epstein of Dorsey’s Consumer Financial Services Practice Group presented a Webinar on the U.S. Supreme Court’s Inclusive Communities decision, in which the Court held that disparate impact claims are cognizable under the Fair Housing Act. You can hear a playback of the Webinar at this link. We discuss the litigation and regulatory implications of this important decision.