Zackary Drucker, The Gender Spectrum Collection
While our lawsuit forced the administration to say it will move forward, the CFPB’s unreasonable and unlawful delay harms small business owners.
In recent court submissions, the CFPB stated it has “many other pressing obligations” besides addressing the discrimination faced by small business owners across the country, and asked a federal court to allow it to continue to delay the legally required data collection for at least three more years.Learn More
The Trump administration is defying the Dodd-Frank Act by failing to collect and disclose data on lending to women-owned, minority-owned and small businesses. Dodd-Frank requires the Consumer Financial Protection Bureau to collect this data from financial institutions and make it publicly available to facilitate enforcement of fair lending laws to curb lending discrimination. Congress further mandated that the CFPB issue rules to implement this data collection. Yet, in 2018, without any explanation, then-Acting Director Mick Mulvaney unlawfully halted the required rulemaking process and Director Kathy Kraninger has taken no meaningful steps to remedy this failure.
The lack of data frustrates the ability of small businesses and organizations like CRC to detect and address obstacles women-owned, minority-owned and small businesses face to obtaining credit. The CFPB has acknowledged that current data is inadequate to fully understand, let alone remedy, the extent to which discriminatory lending creates credit deserts for small businesses and businesses owned by women and minorities. Section 1071 of Dodd-Frank was designed to fill this gap by requiring financial insitutitions to maintain and disclose data about their actions on loan applications by women-owned, minority-owned and small businesses.
By failing to implement Section 1071 of the Dodd-Frank Act, CFPB has unlawfully withheld and unreasonably delayed agency action, violating the Administrative Procedure Act, so we are took CFPB to court on behalf of the California Reinvestment Coalition. If this data were available, CRC and its members would be better able to identify and address gaps in credit access for communities that historically have been disadvantaged in lending. Since our initial filing, Oregon and Iowa small business owners, alongside the National Association for Latino Community Asset Builders, joined our suit. In our motion for summary judgment, we show how ReShonda Young, Deborah Field, and our nonprofit plaintiffs are each harmed by CFPB’s failure.