Education & Events

Fair Lending Examinations: Increased Scrutiny, New Methodologies & False Positives

Jun 03, 2019
Program Overview: 

June 3, 2019, 3:00 - 4:30 pm

The law has long permitted the use of disparate impact analysis to prove discrimination, which means that your bank can be found liable for discrimination even if there was no intent to discriminate. Community banks have recently reported that regulators are using statistical analysis and unpublished analytical formulas during fair lending exams, with a new focus on unsecured and vehicle loans, in addition to home loans.  The problem is that using these new methodologies and analytical formulas has resulted in “false positive” findings of discrimination. 

The ICBA stated recently:

A recent trend of increased scrutiny and changed methodologies in fair lending exams and investigations has resulted in ‘false positive’ findings of disparate treatment, thus requiring the affected community banks to spend large amounts of time and money in disproving false fair lending allegations. Community banks are particularly vulnerable to such allegations because they are committed to working with their customers to provide customized loans under exceptional circumstances.

The new concern is that regulators can establish disparate impact (i.e., discrimination) based solely on statistics and unpublished analytical formulas.  This webinar will help you prepare for your next fair lending exam and include suggestions on how to defend against disparate impact and discrimination claims.

  • Overview of the fair lending laws and your institution’s obligations
  • Risks of noncompliance
  • Difference between discrimination and disparate impact
  • Restrictions on obtaining a spouse’s signature on loan documents and situations when a spouse’s signature is permitted
  • Defending against red-lining claims

    • Interagency Fair Lending Examination Procedures
    • Fair Lending Report of the Bureau of Consumer Financial Protection (December 2018)
    • Employee training log
    • NEW – Interactive quiz


      ABOUT THE PRESENTER – Elizabeth Fast, JD, CPA, Spencer Fane LLP

      Elizabeth Fast is a partner with Spencer Fane LLP where she specializes in the representation of financial institutions.  Elizabeth is the head of the firm’s training division.  She received her law degree from the University of Kansas and her undergraduate degree from Pittsburg State University.  In addition, she has a Master of Business Administration degree and she is a Certified Public Accountant.  Before joining Spencer Fane, she was General Counsel, Senior Vice President, and Corporate Secretary of a $9 billion bank with more than 130 branches, where she managed all legal, regulatory, and compliance functions.  She is a member of the Missouri State Banking Board by appointment of the Governor.



      This informative session is designed for all lending personnel, including loan officers, loan operations personnel, credit analysts, compliance officers, auditors, attorneys, and managers.



      Live Webinar
          $255.00 Single Location
          $155.00 Each Additional Location

      Recorded Webinar & Free Digital Download

      Premiere Package (Live & Recorded Webinar with Free Digital Download)

      Association Contact: 

      If you have any questions or need additional information, please contact Marcy Borden at 317-387-9380 or

      Cancellation Policy: 

      Within three or more business days prior to the day of an educational program, no cancellation charge will be assessed. If your bank is unable to participate after registering, you can select to purchase the on-demand presentation.

      Webinar Options: 

      1.  Live Webinar
      The LIVE WEBINAR option allows you to have one telephone connection for the audio portion and one Internet connection (from a single computer terminal) to view online visuals as the presentation is delivered.  You may have as many people as you like listen from your office speaker phone. Registrants receive a toll-free number & pass code that will allow entrance to the seminar. Seminar materials, including instructions, pin number, and handouts will be emailed to you prior to the broadcast.  You will need the most current version of Adobe Reader available free at

      2.  Recorded Webinar & Free Digital Download
      Can’t attend the live webinar?  The recorded webinar & Free Digital web link is a recording of the live event, including audio, visuals, & handouts. We even provide the presenter’s email address so you may ask follow-up questions.  Approximately one week prior to the webinar, you will receive an email with the web link.  This web link can be viewed anytime 24/7, beginning 6 business days after the webinar and will expire 6 months after the live program date.  

      LIMITED AVAILABILITY:  The Recorded Webinar & Free Digital Download web link may ONLY be ordered for 6 months following the webinar.

      3.  Both Live Webinar & Recorded Webinar & Free Digital Download
      Includes options 1 and 2 above

      Related Events

      Hoosier Banker Digital

      Hoosier Banker Media Kit