Payday Lending Regulations Neglect To Address Concerns of Discrimination

Payday Lending Regulations Neglect To Address Concerns of Discrimination

In Segregation in Texas, Professor Richard Epstein contends that the disparate effect standard can be an “intrusive and unworkable test that combines high administrative price with chance of welcoming massive abuses by both the courts in addition to executive branch of government…” certainly, in the context of payday financing, the disparate impact test can be an unworkable test, although not a great deal because of its chance of welcoming massive abuses, but alternatively when it comes to hefty burden the test places on claimants.

The Department of Housing and Urban Development’s formula associated with the disparate effect test is just a three-part inquiry: at phase one the claimant must show that a certain training includes a “discriminatory impact.” At stage two, the lending company may justify its methods because they advance some “substantial, genuine, nondiscriminatory interest.” At phase three, the claimant may bypass that reason by showing the genuine ends of “the challenged practice could possibly be offered by another training which have a less discriminatory impact.”

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