A. B. & S. Auto Service is owned by Jerry Bonner, an African-American. Bonner, on behalf of A. B. & S., applied for a loan at South Shore Bank. The application asked for a personal history and Bonner revealed an extensive arrest record. The loan officer approved the application, but the committee denied it based on his criminal record. South Shore Bank has made at least three business loans to applicants with criminal records, at least one of whom was an African-American. Bonner filed suit under the ECOA. ISSUE: Was South Shore’s denial a violation of the ECOA? DECISION: The denial was based on a criminal record, not race. There was a legitimate business reason for the denial.
Questions:
1. What, according to Mr. Bonner's expert, is the impact of considering criminal records of applicants? Did the evidence support the expert's testimony?
2. Is the use of a criminal record in making a decision to extend credit a violation of the ECOA? Explain.
3. Do you think a criminal record is an indication of character? Explain.
Answers: 2
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A. B. & S. Auto Service is owned by Jerry Bonner, an African-American. Bonner, on behalf of A. B...
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