Subjective Fees Have Disparate Impact

Hoffman v. Option One Mortgage Corp. & H & R Block Mortgage Corp., 589 F.Supp. 2d 1009 (N.D.Ill. 2008).
Plaintiff may assert a disparate impact claim on the basis of discretionary pricing. Under these financing practices, minority buyers are substantially more likely to be charged more in discretionary fees than are white buyers, even when controlling for risk-related factors. Defendants' motion to dismiss denied.