CFPB Penalizes Lender for Discrimination, Now Aims to Return Funds
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In a notable development towards the end of last year, the Consumer Financial Protection Bureau finalized an agreement with a small mortgage company called Townstone Financial in Chicago. The company was penalized for discriminating against Black homebuyers and dissuading them from seeking loans by criticizing the predominantly African American South Side of the city on radio broadcasts.

Despite Townstone's modest size, the lawsuit was deemed a major success for the government as it was seen as a step against the contemporary form of redlining, which involves the denial of loans in minority areas.

However, in an unexpected move this week, the CFPB requested the court to nullify the settlement and drop the case. The agency cited unanticipated issues discovered in the investigation leading to the lawsuit. It argued that Townstone's First Amendment rights were infringed upon. Additionally, the CFPB sought permission from the judge to refund the $105,000 in penalties already paid by Townstone.

Under the administration of President Trump, the CFPB dismissed several lawsuits initiated towards the end of the Biden administration, including cases against Capital One and other major financial institutions like Zelle and Rocket Homes.

The decision regarding Townstone has left former officials and consumer advocates bewildered, as it is uncommon for the government to attempt to retract an enforcement case that it had successfully concluded. They found it perplexing and disappointing.

Of particular surprise was the fact that the CFPB filed the case against Townstone in 2020 during Trump's presidency, under his appointed director, Kathy Kraninger.

Consumer protection activists expressed concerns about the potential implications of the CFPB's action, fearing it might encourage other companies to challenge settled cases. The possibility that companies may seek similar treatment as Townstone raised worries among advocates.

The focus of the Townstone case revolved around remarks made by company executives on their internal podcast and radio show for marketing purposes, during which they occasionally made derogatory comments about Black neighborhoods in Chicago and Cook County.

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