University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Fidelity Federal Bank FH-NY-0021
Docket / Court 1:02-cv-03906-NG-MDG ( E.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On July, 8, 2002, the United States Department of Justice filed a lawsuit in the U.S. District Court for the Eastern District of New York against a bank, alleging that it engaged in discriminatory lending practices.

The plaintiffs alleged that as a result of the defendant's policies ... read more >
On July, 8, 2002, the United States Department of Justice filed a lawsuit in the U.S. District Court for the Eastern District of New York against a bank, alleging that it engaged in discriminatory lending practices.

The plaintiffs alleged that as a result of the defendant's policies and practices, service providers harassed Hispanic borrowers and engaged in abusive debt collection services. The complaint asked the court for a declaratory judgment and injunctive relief.

More specifically, the plaintiffs alleged that the defendant entered the subprime credit card market and finalized agreements with four service providers to market its subprime credit cards without ensuring that the service providers complied with fair lending laws. These allegations were discovered during routine compliance examinations completed by the Office of Thrift Supervision on June 15, 1998 and May 17, 1999.

The plaintiff filed a proposed consent order on July 18, 2002 that was signed by the court (Judge Gershon) on July 25, 2002. Under the consent order, the defendant is permanently enjoined from engaging in any act or practice that violates the Equal Credit Opportunity Act or Regulation B and agrees to practice lending standards in compliance of the Equal Credit Opportunity Act and Regulation B.

Both parties filed a motion for a settlement extension of ninety days on June 24, 2005, which was signed by the court (Judge Gershon) on July 8, 2005.

Megan Richardson - 03/15/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Defendant-type
Bank or credit provider
Discrimination-area
Lending
Discrimination-basis
National origin discrimination
General
Predatory lending
National Origin/Ethnicity
Hispanic
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Equal Credit Opportunity Act (ECOA), 15 U.S.C. ยง 1691
Defendant(s) Fidelity Federal Bank
Plaintiff Description The plaintiff is the United States Department of Justice Housing and Civil Rights Enforcement Section, Civil Rights Division.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Docket(s)
1:02-cv-03906-NG-MDG (E.D.N.Y.) 07/08/2002
FH-NY-0021-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/08/2002
FH-NY-0021-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement and Order 07/08/2002
FH-NY-0021-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/07/2005 (E.D.N.Y.)
FH-NY-0021-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gershon, Nina (S.D.N.Y., E.D.N.Y.) [Magistrate]
FH-NY-0021-0003 | FH-NY-0021-9000
Go, Marilyn D. (E.D.N.Y.) [Magistrate]
FH-NY-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aronowitz, Michelle M. (District of Columbia)
FH-NY-0021-0001 | FH-NY-0021-0002
Ashcroft, John (District of Columbia)
FH-NY-0021-0001 | FH-NY-0021-0002
Boyd, Ralph F. Jr. (District of Columbia)
FH-NY-0021-0001 | FH-NY-0021-0002
Magagna, Joan A. (District of Columbia)
FH-NY-0021-0001 | FH-NY-0021-0002
Scott, Kenneth M. (District of Columbia)
FH-NY-0021-0001 | FH-NY-0021-0002
Seward, Jon M. (District of Columbia)
FH-NY-0021-0001 | FH-NY-0021-0002
Tepper, Marla (New York)
FH-NY-0021-0001 | FH-NY-0021-0002 | FH-NY-0021-9000
Vinegrad, Alan (New York)
FH-NY-0021-0001 | FH-NY-0021-0002
Defendant's Lawyers Kriegel, Alan (District of Columbia)
FH-NY-0021-0002
Raman, Anand S. (District of Columbia)
FH-NY-0021-0002
Sandler, Andrew L. (District of Columbia)
FH-NY-0021-0002
Other Lawyers None on record

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