The CFPB has dominated the press on fair lending in auto finance. Last week, however, the California Department of Fair Employment and Housing obtained a $6.2M verdict and an injunction against a sub-prime auto lender who used gender as basis upon which to bid for and/or purchase RISCs from automobile dealers with whom it did business. Links hereto are:
DFEH September 14, 2016 Order re MSJ
DFEH Minute Order July 25, 2017
These links are the Complaint, the orders granting summary adjudication as to a finding of discrimination, and the order granting summary judgment as to restitution and damages. Besides the merits of the Court’s ruling with regard to the burden of proof, what’s also important here is that this case demonstrates that the states continue to exercise their authority through enforcement actions.