Case: United States v. Fidelity Federal Bank

1:02-cv-03906 | U.S. District Court for the Eastern District of New York

Filed Date: July 8, 2002

Closed Date: 2005

Clearinghouse coding complete

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 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 p…

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.

Summary Authors

Megan Richardson (3/15/2014)

People


Judge(s)

Gershon, Nina (New York)

Go, Marilyn D. (New York)

Attorneys(s) for Plaintiff

Aronowitz, Michelle M. (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Magagna, Joan A. (District of Columbia)

Scott, Kenneth M. (District of Columbia)

Seward, Jon M. (District of Columbia)

Tepper, Marla (New York)

Vinegrad, Alan (New York)

Judge(s)

Gershon, Nina (New York)

Go, Marilyn D. (New York)

Attorneys(s) for Plaintiff

Aronowitz, Michelle M. (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Magagna, Joan A. (District of Columbia)

Scott, Kenneth M. (District of Columbia)

Seward, Jon M. (District of Columbia)

Tepper, Marla (New York)

Vinegrad, Alan (New York)

Attorneys(s) for Defendant

Kriegel, Alan (District of Columbia)

Raman, Anand S. (District of Columbia)

Sandler, Andrew L. (District of Columbia)

Documents in the Clearinghouse

Document

Docket[PACER]

July 8, 2002 Docket
2

Settlement Agreement and Order

July 8, 2002 Settlement Agreement
1

Complaint

July 8, 2002 Complaint
4

Order

July 7, 2005 Order/Opinion

Resources

Title Description External URL

Racism in the Credit Card Industry

Andrea Freeman

In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuate… May 1, 2017 http://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=4957&context=nclr

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint filed as to defendant(s) Fidelity Federal Bank, FSB.. Filed by Marla Tepper on behalf of United States of America. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 07/10/2002)

July 8, 2002
2

Settlement Agreement and Order dated 7/18/02 (Signed by Judge Gershon, dated 7/18/02) (Guzzi, Roseann) (Entered: 07/25/2002)

July 25, 2002
3

Joint MOTION for Settlement Extension by United States of America. (Tepper, Marla) (Entered: 06/24/2005)

June 24, 2005
4

ORDER Section 1−v1 and Sections 1X−X of order shall terminate July 7,2005. Sections V11,V111 and X1of order shall be extended for ninety days. . Ordered by Judge Nina Gershon on 7/7/05. (Jackson, Ramona) (Entered: 07/08/2005)

July 8, 2005

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 8, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the United States Department of Justice Housing and Civil Rights Enforcement Section, Civil Rights Division.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fidelity Federal Bank, Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Hispanic