Practice Areas

Banking & Finance LawReal Estate Law

Under the Biden administration, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) effectively expanded the protected classes of race and national origin under the Equal Credit Opportunity Act (ECOA) by critiquing underwriting practices that evaluate an applicant’s immigration or citizenship status. In January 2026, the CFPB and DOJ withdrew their joint statement regarding the implications of a creditor’s consideration of citizenship and immigration status, stating instead that these factors could properly be considered.

Attorneys advising creditors, including banks and financial institutions, must navigate evolving regulatory guidance under ECOA and Regulation B to avoid substantial compliance penalties. In this CLE webinar, John A. Kimble, Partner at Hinshaw & Culbertson LLP, will provide a substantive legal review of fair lending risks and noncitizen access under both federal and state law. He will examine the intersection of ECOA non-discrimination rules with legitimate credit risk assessment, while addressing compliance challenges surrounding underwriting documentation and disparate impact exposure.

Learning Objectives

Upon completion of this program, attorneys will be able to:

· Identify key regulatory frameworks and regulator priorities concerning immigration and citizenship status under ECOA and Regulation B.

· Analyze fair lending compliance risks in underwriting criteria, automated scoring models, and documentation standards for noncitizen borrowers.

· Counsel lending clients on structuring legally defensible underwriting policies that balance credit risk evaluation with non-discrimination mandates.

John Kimble counsels financial services companies on state and federal regulatory compliance matters. For more than a decade, he has advised fintech companies, banks and credit unions, lenders, and others on issues related to payment systems, alternative financing arrangements (such as merchant cash advance and buy-now, pay-later products), mortgages, bank partnerships, auto financing, add-on insurance products, and new financial product development. John has significant experience with state and federal fair lending laws and their impact on both traditional and emerging products, including earned wage access. As co-chair of the Financial Services Committee of the California Lawyers Association, John stays abreast of California financial services laws and has guided clients through licensing applications, examinations, investigations, and enforcement actions involving California’s Department of Financial Protection and Innovation.

This live webinar is eligible for both CLE and CPE credit.

NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.

NASBA CPE ACCREDITATION INFORMATION
Learning Level: Basic
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Program

CeriFi LegalEdge is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

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CeriFi LegalEdge

CFPB Fair Lending Shifts: Immigration Status and Mortgage Access

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