Patrick Ojo (plaintiff), a homeowner, resides in Texas and has a homeowner’s policy with Farmers Group, Inc. (Farmers) (defendant). Ojo sued Farmers on his own behalf and on behalf of other minorities (plaintiffs). Ojo claimed that Farmers used undisclosed factors in its credit-scoring system that disparately impacted minorities, therefore violating the Fair Housing Act (FHA). The credit-scoring system impacted the ability of minorities to obtain housing insurance. Farmers moved to dismiss. The district court granted Farmers’ motion to dismiss, holding that the FHA was reverse-preempted by the Texas Insurance Code. Ojo appealed. A panel of three judges of the United States Court of Appeals for the Ninth Circuit reversed the finding of the district court and held that the FHA was not reverse-preempted by Texas law. The Ninth Circuit ordered the case reheard en banc.