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 2. Office of Public Affairs
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 4. Press Releases
 5. Justice Department Announces Actions To Resolve Lending Discrimination
    Claims Against Evolve Bank and Trust




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--------------------------------------------------------------------------------

Para Notícias en Español

Press Release


JUSTICE DEPARTMENT ANNOUNCES ACTIONS TO RESOLVE LENDING DISCRIMINATION CLAIMS
AGAINST EVOLVE BANK AND TRUST

 * Español|

Thursday, September 29, 2022
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For Immediate Release
Office of Public Affairs
Settlement Provides $1.3 Million to Compensate Affected Borrowers

The Justice Department today announced it has secured an agreement to resolve
allegations that Evolve Bank & Trust, which is headquartered in Memphis, engaged
in lending discrimination on the basis of race, sex and national origin in the
pricing of its residential mortgage loans from at least 2014 through 2019.

Evolve Bank maintains mortgage lending offices and provides mortgage lending
services in 15 states throughout the country. Under the department’s settlement,
which is subject to the approval of the District Court, Evolve Bank will
establish a settlement fund of $1.3 million to compensate affected borrowers.
Evolve Bank will also pay a $50,000 civil penalty.

“This settlement will provide deserved relief to thousands of borrowers who
suffered discrimination due to Evolve Bank’s pricing policies,” said Assistant
Attorney General Kristen Clarke of the Justice Department’s Civil Rights
Division. “This case marks the Justice Department’s latest step to protect
Americans from illegal lending practices, and shows that we will hold lenders
accountable for the effects of their discriminatory practices.”  

“This settlement provides some measure of justice to those wronged by Evolve
Bank’s discriminatory acts,” said U.S. Attorney Kevin G. Ritz for the Western
District of Tennessee. “I also hope it sends a strong message to banks and other
lenders that the Department of Justice won’t stand for unlawful barriers in
residential mortgage lending.  It’s past time for these practices to stop.”

The department opened its investigation after the Board of Governors of the
Federal Reserve System referred the matter.  Consistent with federal law, the
Board has long referred matters involving potential fair lending violations to
the Department of Justice. 

According to the complaint, the Justice Department alleges that Evolve Bank
violated the Fair Housing Act and the Equal Credit Opportunity Act, which
prohibit financial institutions from discriminating on the basis of race, sex or
national origin in their mortgage lending services. Specifically, the complaint
alleges that, from at least 2014 through 2019, Evolve Bank’s loan pricing
practices resulted in Black, Hispanic and female borrowers paying more in the
“discretionary pricing” components of home loans than white or male borrowers
for reasons unrelated to their creditworthiness. “Discretionary pricing” means
the parts of a loan price that are left up to Evolve’s loan officers and
managers, including fees, charges or rate discounts that don’t relate to the
borrowers’ credit qualifications or loan characteristics.

Since being notified of the department’s investigation of this matter, Evolve
has taken steps to revise its policies and practices that resulted in Black,
Hispanic and female borrowers paying more for home loans than white or male
borrowers. During the four-year term of the proposed consent order, Evolve will
maintain policies that reduce loan officer discretion, employ a fair lending
officer who will work in close consultation with the bank’s leadership and
provide fair lending training to its personnel.

The department’s Civil Rights Division has long been engaged in work that seeks
to make mortgage credit and homeownership accessible to all Americans on the
same terms, regardless of race, sex or national origin. In January 2021,
President Biden reaffirmed the critical role of the federal government in
addressing legacies of housing segregation and discrimination, declaring that it
is the policy of this Administration to eliminate “racial bias and other forms
of discrimination in all stages of home-buying and renting.”

The Justice Department’s enforcement of fair lending laws is conducted by the
Civil Rights Division’s Housing and Civil Enforcement Section. Additional
information about the Section’s fair lending enforcement can be found at the
Justice Department webpage. Individuals may report lending discrimination by
calling the Justice Department’s Housing Discrimination tip line at
1-833-591-0291, or submitting a report online. View the Spanish translation of
this press release here.

Updated November 9, 2022

--------------------------------------------------------------------------------

Attachments
Consent Order   [PDF, 281 KB]
Complaint   [PDF, 217 KB]
Topic
Civil Rights
Components
Civil Rights Division
Civil Rights - Housing and Civil Enforcement Section
Press Release Number: 22-1040



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