In this article, I argue that Ellison's metaphor of social invisibility—the societal undervaluing of minorities—is analogous to economic invisibility—the denial of fair access to credit to minorities. I then use the metaphor of invisibility as a basis for understanding the contemporary legal problem of predatory lending, or making credit available to borrowers at unreasonably high interest rates. Disguised as credit access to high-risk, underserved borrowers, predatory lending helps to create risk by offering borrowers products that do not adequately measure risk and that are not fairly priced.
Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Symposium Issue on Ralph Ellison and the Law, 26 Okla. City U. L. Rev. 1057 (2001)