We have previously reported on the tortured history of the disparate impact rule adopted by the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act, most recently here. HUD now proposes to remove...more
1/14/2026
/ Biden Administration ,
Chevron Deference ,
Comment Period ,
Disparate Impact ,
Executive Orders ,
Fair Housing Act (FHA) ,
HUD ,
Loper Bright Enterprises v Raimondo ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration
As previously reported, in October 2023 the CFPB and DOJ issued a joint statement regarding “the potential civil rights implications of a creditor’s consideration of an individual’s immigration status under the Equal Credit...more
1/12/2026
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Applicants ,
Creditors ,
Department of Justice (DOJ) ,
Discrimination ,
Disparate Impact ,
ECOA ,
Fair Lending ,
Foreign Nationals ,
Immigration ,
Joint Statements ,
New Guidance ,
Regulation B
On January 3, 2026, the Senate sent the nomination of Stuart Levenbach to be CFPB Director back to the President—a move that would allow Russell Vought to remain acting head of the bureau through August 1.
President Trump...more
The CFPB recently issued a final rule increasing the asset exemption threshold under the Home Mortgage Disclosure Act (HMDA).
Banks, savings associations and credit unions are not subject to the mortgage loan data...more
1/7/2026
/ Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Unions ,
Exemptions ,
Final Rules ,
HMDA ,
Lenders ,
Mortgage Lenders ,
Mortgages ,
Regulatory Requirements ,
Reporting Requirements
The CFPB recently issued a final rule increasing the asset exemption threshold for the Truth in Lending Act (TILA) requirement to maintain an escrow account for a higher-priced mortgage loan (HPML).
Regulation Z, which...more
1/7/2026
/ Consumer Financial Protection Bureau (CFPB) ,
Escrow Accounts ,
Final Rules ,
High-Priced Mortgage Loans (HPML) ,
Lenders ,
Loans ,
Mortgage Lenders ,
Mortgages ,
Regulation Z ,
Threshold Requirements ,
Truth in Lending Act (TILA)
In a case of first impression, in clarifying her injunction issued in the lawsuit brought by the National Treasury Employees Union and others challenging the planned reductions in force and other efforts to reduce functions...more
Charging that Acting CFPB Director Russell Vought has been attempting to close down the CFPB by any means necessary, Democratic Attorneys Generals (AGs) from 21 states and the District of Columbia have filed suit, asking a...more
The Court of Appeals for the District of Columbia has granted a request for an en banc rehearing in the National Treasury Employees Union’s (NTEU) and others’ challenge to the firing of more than 1,400 CFPB employees and the...more
12/22/2025
/ Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Dodd-Frank ,
En Banc Review ,
Federal Funding ,
Government Agencies ,
Hiring & Firing ,
Injunctions ,
Judicial Authority ,
Statutory Interpretation ,
Trump Administration ,
Unions
Current and former Democratic members of Congress have told a federal court that the Trump Administration’s interpretation of the CFPB’s funding mechanism is at odds with Congress’ plan to provide the bureau with a stable,...more
As required by amendments to the FDCPA made by Section 1089 of Dodd Frank, the CFPB recently released its annual report to Congress on FDCPA compliance. We note below information provided by the bureau about the complaints...more
The U.S. Department of Housing and Urban Development (HUD) recently announced the 2026 loan limits for FHA insured forward mortgage loans and FHA insured Home Equity Conversion Mortgages (HECMs). The announcements were made...more
On December 5, 2025, Rise Economy, the National Reinvestment Coalition and the Woodstock Institute filed a lawsuit against the CFPB and its Acting Director Russell Vought in the Federal District Court for the Northern...more
The Supreme Court should abandon a 90-year-old precedent and decide that President Trump should be permitted to fire Rebecca Slaughter from the Federal Trade Commission without cause, Solicitor General D. John Sauer told the...more
12/11/2025
/ Administrative Agencies ,
Appointments Clause ,
Article II ,
Constitutional Challenges ,
Executive Authority ,
Federal Trade Commission (FTC) ,
Regulatory Agencies ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Trump Administration
In Fiscal Year 2026, ending September 30, 2026, the CFPB will need $279.6 million just to maintain its activities that are required by law, Bureau Acting Director Russell Vought wrote in letters to House and Senate...more
The Trump Administration is ordering all CFPB examiners to read a “Humility Pledge” to officials at supervised entities before conducting exams.
In making the announcement, CFPB officials sharply criticized the Biden...more
12/3/2025
/ Banks ,
Biden Administration ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Priorities ,
Examination Procedures ,
Financial Services Industry ,
Government Agencies ,
New Guidance ,
Non-Bank Lenders ,
Nonbank Firms ,
Regulatory Oversight ,
Regulatory Reform ,
Supervision ,
Trump Administration
The Federal Housing Finance Agency (FHFA) recently announced the conforming loan limits for residential mortgage loans acquired by Fannie Mae and Freddie Mac in 2026. Fannie Mae addresses the limits in Lender Letter 2025-04....more
11/26/2025
/ Fannie Mae ,
FHFA ,
Freddie Mac ,
GSE ,
Housing Market ,
Loans ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Real Estate Transactions ,
Regulatory Oversight ,
Residential Real Estate Market
The CFPB is transferring all of its pending litigation to the Justice Department as a result of the funding crisis the Trump Administration has said the bureau faces, several news organizations have reported.
In addition,...more
11/24/2025
/ Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Funding ,
Federal Reserve ,
Furloughs ,
Government Agencies ,
Government Shutdown ,
Mortgage Lenders ,
Pending Litigation ,
Regulatory Oversight ,
Trump Administration
As previously reported, the CFPB is proposing major changes to its 2023 final rule that would require financial institutions to report information contained in loan applications submitted by small businesses, including...more
11/21/2025
/ Compliance Dates ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Dodd-Frank ,
Farm Credit Administration ,
Financial Institutions ,
Lenders ,
Loan Applications ,
Loans ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Reporting Requirements ,
Section 1071 ,
Small Business ,
Small Business Loans
The CFPB has issued a proposed rule that would make substantial changes to Regulation B under the Equal Credit Opportunity Act (ECOA). In one of the most significant changes, the bureau has preliminary determined that...more
11/20/2025
/ Comment Period ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Discrimination ,
Discriminatory Lending Practices ,
Disparate Impact ,
ECOA ,
Fair Lending ,
Proposed Rules ,
Regulation B ,
Special Purpose Credit Programs
The CFPB is proposing major changes to its final rule that would require financial institutions to report information contained in loan applications submitted by small businesses, including women-owned and minority-owned...more
11/14/2025
/ Comment Period ,
Compliance Dates ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Fair Lending ,
Lenders ,
Loan Applications ,
Loans ,
Proposed Rules ,
Reporting Requirements ,
Section 1071 ,
Small Business ,
Women-Owned Businesses
The CFPB is running out of money and has no legal way to replenish its coffers, absent Congressional appropriation, the Trump Administration told a federal court.
The bureau “anticipates exhausting its currently available...more
Contending that it cannot abolish the CFPB on its own, the Trump Administration said that the union arguing that such a plan exists should not be entitled to an en banc hearing before an appeals court....more
10/23/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
En Banc Review ,
Executive Branch ,
Judicial Authority ,
Layoffs ,
Removal For-Cause ,
Trump Administration ,
Unions
A federal appeals court has rejected the Trump Administration’s request to delay its response to an en banc hearing request in the lawsuit challenging the mass firings at the CFPB due to the government shutdown....more
10/21/2025
/ Administrative Appeals ,
Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
En Banc Review ,
Federal Court Litigation ,
Federal Employees ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Layoffs ,
Removal For-Cause ,
Trump Administration ,
Unions
Financial institutions may continue to make loans that would otherwise be subject to federal flood insurance statutes even though the authorization for the National Flood Insurance Program (NFIP) has lapsed, federal financial...more
10/20/2025
/ Banks ,
Consumer Financial Products ,
Financial Institutions ,
Financial Services Industry ,
Flood Insurance ,
Insurance Regulations ,
Lenders ,
Loans ,
Mortgages ,
National Flood Insurance Program ,
New Guidance ,
Regulatory Requirements ,
Risk Management
NCUA Chairman Kyle S. Hauptman said that through the issuance of a policy statement he is reenforcing an agency policy to prohibit officials from setting new policy through enforcement actions....more