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Posts tagged as “ECOA”

7th Cir. Rejects ECOA Claim Based on Vague Statement by Defendant’s Employee

The U.S. Court of Appeals for the Seventh Circuit held that the plaintiffs failed to prove a violation of the federal Equal Credit Opportunity Act (ECOA) under a disparate treatment theory where their only evidence was a vague statement from one of the defendant’s employees. Accordingly, the Seventh Circuit affirmed the ruling of the trial court granting summary judgment in favor of the defendant. A copy of the opinion in Mario Sims v. New Penn Financial LLC is available at:  Link to Opinion. The plaintiffs, an African-American couple, purchased a home from the seller in October 2008 for $185,000.  The plaintiffs…

6th Cir. Holds Auto Dealer Not Excepted from Providing ECOA Adverse Action Notices

The U.S. Court of Appeals for the Sixth Circuit recently held that an automobile dealer is a “creditor” under the federal Equal Credit Opportunity Act that was not excepted from the requirement to provide adverse action notices, as the dealer did not “merely arrange for credit by referring applicants to lenders” as provided under Regulation B. The Court also reversed the district court’s ruling that injunctive relief was not an available remedy under ECOA and also reversed summary judgment in the dealer’s favor on the plaintiff’s state-law conversion claim, remanding the case for further proceedings on those claims. A copy…