Fair Lending Developments Under Trump 2.0 – Part 2

Nov 20, 2025

Guest

John Culhane Jr.

Guest

Richard Andreano Jr.

Guest

Bradley Blower

John Culhane Jr., seasoned fair lending lawyer; Richard Andreano Jr., mortgage compliance leader; Bradley Blower, AI and fair lending policy advisor. They unpack shifting disparate impact standards, litigation over HUD rules, appraisal bias, the stalled small-business data rule, and rising AI governance challenges. Short, sharp takes on state enforcement, de-banking concerns, and practical compliance priorities for lenders.

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INSIGHT

HUD Rule Could Trigger Supreme Court Review

The administration may aim to force the Supreme Court to revisit Inclusive Communities and potentially eliminate disparate impact claims under the Fair Housing Act.
John Culhane Jr. warns a HUD rule that goes beyond Inclusive Communities could be a vehicle to get the issue back to the Supreme Court.

ADVICE

Use This Window To Harden Compliance

Use the current Trump administration window to strengthen compliance rather than dismantle programs.
Bradley Blower advises lenders to keep their compliance management systems running and fix issues now because administrations change.

INSIGHT

Small Business Data Rule Faces Years More Delay

Dodd‑Frank Section 1071 rulemaking has been delayed for years and faces lawsuits and likely revision under the new administration.
Richard Andreano Jr. expects CFPB to pare 1071 data elements back toward the statute and implementation likely delayed to 2027.

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Today's episode marks the second of a two-part series, with Part One having been released on November 13th. In this installment, we continue our conversation on the many changes in fair lending policy and enforcement under the second Trump administration.

The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr's Consumer Financial Services Group, and features these distinguished experts in the field:

Bradley Blower, Founder of Inclusive Partners LLC.
John Culhane, Jr., Senior Partner and charter member of Ballard Spahr's fair lending team.
Richard Andreano, Jr., Practice Group Leader for Ballard Spahr's Mortgage Banking Group and the head of Ballard Spahr's fair lending team.

In this week's episode our expert panel unpacks the fast-changing landscape of fair lending in consumer finance. With candid discussion from leading attorneys and industry insiders, we cover how federal policy swings, especially between recent administrations, have left lenders and businesses searching for direction on compliance, risk management, and best practices.

Hear insights on the evolving standards for disparate impact claims, the high stakes of Supreme Court challenges, and how regulatory shifts are changing the rules of the road for everyone. Learn why the future of lending is increasingly tied to artificial intelligence, what it means for fairness and oversight, and why receiving clear guidance is more vital than ever.

Our hosts tackle the challenges posed by executive orders on 'de-banking' and fair access, ongoing delays and debates surrounding the small business lending data rule, and the persistent struggle to address appraisal bias. Find out how states are stepping up where federal agencies may leave gaps and get practical advice for keeping your compliance management systems strong in uncertain times, particularly in view of how a future Presidential Administration may seek to reverse Trump Administration initiatives.

We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.