FTC Abandons Disparate Impact and “Unfair Discrimination” Theories: A Major Shift in Federal Consumer-Protection Law

The Federal Trade Commission (FTC) has taken a major step toward dismantling two theories of discrimination. In a new Policy Statement Regarding Disparate-Impact Claims and “Unfair Discrimination” Claims, the FTC announces that it will no longer pursue disparate-impact claims under the FTC Act or the Equal Credit Opportunity Act (ECOA). Just as significantly, although less prominently emphasized…