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What Does The Order Mean For Banks?
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And, whereas it’s conceivable that a disparate-impact argument could be made to deliver the political views cited by the Order within the ECOA’s scope (for instance, by arguing that the refusal to provide banking providers to those of a particular political view disproportionately impacts clients of a particular religion), the Trump administration has primarily prohibited the federal government’s use of the disparate-impact concept by earlier government order.9 Further proscribing any enforcement efforts by the federal banking companies, the ECOA only applies to lending (and related) products and services, not all banking services. Nonetheless, as discussed further below, none of these legal guidelines — whether or not based mostly on plain language or prior interpretation by the Trump administration — look like a powerful car for a banking regulator to convey a claim in opposition to a regulated entity. As written, the Order purports to narrow the power of banks and different lenders to make use of their very own discretion on whom they choose to lend to and do enterprise with, however how that can lawfully be accomplished remains to be seen. In apply, however, it is clear that the Order is intended to finish perceived anti-conservative and/or anti-Republican bias on the a half of banks.2 You can pursue legal action if the closure violated specific laws or brought on significant monetary harm.