News & Analysis as of

Equal Credit Opportunity Act

Orrick, Herrington & Sutcliffe LLP

Democratic senators urge agencies to reinstate disparate impact liability references

On February 25, a group of Democratic senators issued a letter urging the OCC, FDIC, and NCUA to reinstate references to disparate impact liability in their respective organizations’ supervisory guidance. The letter argued...more

Troutman Pepper Locke

Year in Review and Look Ahead: Fair Lending and UDAAP in the Trump 2.0 Era — Federal Pullback, State Pushback, and What Comes Next...

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In this episode of The Consumer Finance Podcast, Chris Willis and Lori Sommerfield unpack the rapid reshaping of the fair lending and UDAAP regulatory enforcement landscape as part of the Year in Review and Look Ahead series....more

Hudson Cook, LLP

Federal Agencies' Withdrawal of Joint Statement on Fair Lending Likely to Reduce Credit Opportunities for Non-Citizens

Hudson Cook, LLP on

On January 12, 2026, the Consumer Financial Protection Bureau and the Department of Justice withdrew their October 2023 joint statement regarding the implications of a creditor's consideration of an individual's immigration...more

Latham & Watkins LLP

FRB Proposes to Eliminate Reputation Risk from Banking Supervision

Latham & Watkins LLP on

The Proposal aims to center the FRB’s supervisory decisions on material financial risks and increase supervisory clarity and precision....more

Venable LLP

AI in Financial Services: Popular Use Cases and the Regulatory Road Ahead

Venable LLP on

Artificial intelligence (AI) is transforming the delivery of consumer financial services. Consumer finance companies—from traditional banks and loan servicers to emerging fintech companies—are using AI in increasingly...more

Troutman Pepper Locke

Colony Ridge Settlement With Texas and US Department of Justice Reflects Shift in Enforcement Priorities

Troutman Pepper Locke on

On March 6, 2026, a U.S. district court will consider whether to approve a settlement agreement resolving parallel lawsuits by the Texas attorney general (AG) and the federal government against Houston-area developer Colony...more

Woods Rogers

What Lenders Should Know About Using Immigration and Citizenship Status Under ECOA in 2026

Woods Rogers on

The current administration has clarified that the Equal Credit Opportunity Act allows creditors to evaluate immigration and citizenship status when it directly relates to credit risk or the creditor’s ability to enforce...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses proposed mortgage discrimination class action with prejudice

On February 5, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a putative class action lawsuit alleging race discrimination in mortgage lending. ...more

Orrick, Herrington & Sutcliffe LLP

U.S. DOJ and Texas reach $68M settlement with developer in predatory lending and land sales case

On February 10, DOJ announced a settlement agreement, pending approval in the U.S. District Court for the Southern District of Texas, resolving claims brought by DOJ, the CFPB, and the state of Texas against a land developer...more

Troutman Pepper Locke

DOJ and Texas Reach No‑Penalty Settlement with Colony Ridge Over Alleged Predatory Mortgage Financing, Discriminatory Land Sales

Troutman Pepper Locke on

In December 2023, we blogged about lawsuits filed by the Consumer Financial Protection Bureau (CFPB or Bureau), the U.S. Department of Justice (DOJ), and later the State of Texas against Colony Ridge and related entities. The...more

Hudson Cook, LLP

DOJ and State of Texas Announce Joint Settlement with a Private Land Developer for Allegedly Discriminating against Hispanic...

Hudson Cook, LLP on

DOJ and State of Texas announced a $68 million settlement of ECOA and FHA claims against a private land developer (the "Developer") concerning an alleged pattern or practice of discriminatory lending practices and high...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – February 2026 # 2

Troutman Pepper Locke on

To keep you informed of recent activities, below are several of the most significant federal events that have influenced the Consumer Financial Services industry over the past week....more

Orrick, Herrington & Sutcliffe LLP

Senators pen letter urging CFPB to rescind its ECOA disparate impact rule

On February 3, several U.S. senators sent a letter to CFPB Acting Director Russell Vought urging the Bureau to rescind its proposed rule that would end the ECOA’s disparate impact test, which would prevent the CFPB from...more

Hudson Cook, LLP

Consumer Financial Services Bites of the Month - January 2026 - "It's Not a Hot Day in January."

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In this month's article, we share some of our top "bites" covered during the January 2026 webinar....more

Hudson Cook, LLP

CFS Bites of the Month - 2025 Annual Review - Nondiscrimination and Military Protection Law

Hudson Cook, LLP on

In this article, we share a timeline of monthly "bites" for the past year applicable to consumers protected by nondiscrimination and military protection laws....more

Hudson Cook, LLP

CFPB Proposes Changes to Regulation B

Hudson Cook, LLP on

On November 13, the Consumer Financial Protection Bureau published a Notice of Proposed Rulemaking proposing various revisions to Regulation B. ...more

Dorsey & Whitney LLP

Responding to the CFPB’s Proposal to Eliminate Disparate Impact and Related Fair Lending Protections of Regulation B

Dorsey & Whitney LLP on

On November 13, 2025, the CFPB published in the Federal Register a significant proposed rule (the “Proposal”) that would radically diminish the protections against discriminatory lending practices afforded to protected...more

Baker Donelson

Disparate Impact Liability Is Top of Mind – Is Your Financial Institution Ready?

Baker Donelson on

As 2026 kicks into high gear, all signs point to another year of jaw-dropping headlines as federal financial regulators move swiftly to implement many of the policy changes found in executive orders and other directives...more

Hudson Cook, LLP

CFS Bites of the Month - 2025 Annual Review - Student Lending

Hudson Cook, LLP on

In this article, we share a timeline of monthly "bites" for the past year applicable to student lending....more

Ballard Spahr LLP

CFPB Blasts Former Bureau Leadership For ‘Regulatory Overreach’

Ballard Spahr LLP on

The CFPB, under former Director Rohit Chopra, regularly engaged in regulatory overreach, the Bureau’s current leadership said in its semi-annual report, covering the period from April 1- September 30, 2024. “As indicated...more

Orrick, Herrington & Sutcliffe LLP

CFPB and DOJ withdraw ECOA guidance on immigration status in credit decisions

On January 12, the CFPB in conjunction with DOJ announced the withdrawal of a joint statement that previously cautioned lenders about the risks of considering a credit applicant’s immigration or citizenship status under the...more

Troutman Pepper Locke

CFPB and DOJ Formally Withdraw 2023 Immigration-Status Fair Lending Guidance

Troutman Pepper Locke on

On January 12, the Consumer Financial Protection Bureau and U.S. Department of Justice formally withdrew their October 2023 joint statement on creditors’ consideration of immigration status under the Equal Credit Opportunity...more

Sheppard

CFPB and DOJ Withdraw Joint Statement Addressing ECOA and Noncitizen Borrowers

Sheppard on

On January 12, the CFPB and DOJ withdrew their October 2023 joint statement addressing how creditors’ consideration of immigration or citizenship status may intersect with the ECOA. The joint statement, published in the...more

Cooley LLP

CFPB and DOJ Withdraw 2023 Statement on ECOA and Noncitizen Borrowers

Cooley LLP on

On January 12, 2026, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) formally withdrew their October 2023 joint statement addressing creditors’ consideration of immigration status under the...more

Hinshaw & Culbertson - Consumer Crossroads

The CFPB’s Proposed Disparate Impact Amendments to Regulation B

Earlier this year, President Trump issued Executive Order 14281 (the “Executive Order”) directing a review of existing federal regulations and guidance documents that impose disparate impact liability (sometimes referred to...more

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