Aug 6 (Reuters) - Wells Fargo ( WFC ) won't have to face
class-action claims it systematically discriminated against
hundreds of thousands of Black and Hispanic mortgage applicants,
a federal judge ruled.
U.S. District Judge James Donato in San Francisco decided on
Tuesday that the applicants could not sue as a group because
they failed to show their claims were similar enough. Individual
lawsuits are the alternative, he said.
The decision spares the fourth-largest U.S. bank from a
potentially larger payout, which the plaintiffs said could reach
billions of dollars, than it might owe borrowers who could
afford to sue one by one.
Wells Fargo ( WFC ) was accused of "digital redlining" through its
use of an automated underwriting system known as CORE, short for
Common Opportunities Results Experiences, whose "race-infected
lending algorithms" deemed minority applicants a higher risk.
The plaintiffs said this caused the San Francisco-based
bank's to disproportionately deny mortgage and mortgage
refinancing applications from minorities, while offering better
terms to similarly qualified white applicants.
Donato, however, found no explanation for how CORE might
have caused statistically significant disparities in approval
rates, citing the plaintiffs' concession that even Wells Fargo ( WFC )
didn't know.
"Plaintiffs wish to sue about hundreds of thousands of home
loan decisions at once," Donato wrote.
"Without some glue holding the alleged reasons for all those
decisions together," he continued, "it will be impossible to say
that examination of all the class members' claims for relief
will produce a common answer to the crucial question[:] why was
I denied."
The plaintiffs are represented by civil rights lawyer Ben
Crump and several other law firms.
Lawyers for the plaintiffs did not immediately respond to
requests for comment on Wednesday. Wells Fargo ( WFC ) declined to
comment.
Donato ruled two months after the Federal Reserve lifted a
seven-year-old asset cap it imposed after a series of scandals
over how Wells Fargo ( WFC ) treated customers. The central bank said
Wells Fargo ( WFC ) has improved its risk management and governance.
The case is In re Wells Fargo Mortgage Discrimination
Litigation, U.S. District Court, Northern District of
California, No. 22-00990.