News & Analysis as of

Fair Lending

Cooley LLP

CFPB and DOJ Withdraw 2023 Statement on ECOA and Noncitizen Borrowers

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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

Troutman Pepper Locke

From Showroom to Server Room: AI in Auto Finance — Moving the Metal: The Auto Finance Podcast

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In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso launch a new AI-focused segment, examining how artificial intelligence is changing auto finance through smarter chatbots and...more

Orrick, Herrington & Sutcliffe LLP

CFPB’s 2024 fair lending report outlines new focus in fair lending oversight

On December 23, the CFPB released its annual fair lending report, which reviews the agency’s enforcement and supervision activities for 2024 and described a significant policy shift in fair lending oversight since the close...more

Ballard Spahr LLP

CFPB and DOJ Withdraw Joint Statement On Consideration Of Immigration Status Under ECOA

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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

Mayer Brown

Attention Lenders: New Jersey Issues Disparate Impact Regulations

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The New Jersey Division on Civil Rights (the “Division”) recently finalized revisions to the state’s disparate impact regulations. The regulations implement New Jersey’s Law Against Discrimination (“LAD”), which state...more

Troutman Pepper Locke

CFPB Reportedly Plans to Scrap Biden-Era Guidance on Immigration Status in Lending

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As reported by Bloomberg here, the Consumer Financial Protection Bureau (CFPB or Bureau) is moving to withdraw a 2023 Biden-era joint statement with the U.S. Department of Justice (DOJ) that warned lenders against overbroad...more

Troutman Pepper Locke

New Jersey Adopts Disparate Impact Rules Under LAD, With Broad Reach Across Housing, Lending, Employment, And Other Fields, With...

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On December 17, New Jersey announced its adoption of what its Attorney General is calling the “most comprehensive state-level disparate impact regulations in the country.” Effective December 15, 2025, the Division on Civil...more

Troutman Pepper Locke

CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding Constraints

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In two recent litigation status reports, the Consumer Financial Protection Bureau (CFPB or Bureau) indicated that it is working to issue interim final rules for both Section 1071 and Section 1033 in light of an opinion from...more

Orrick, Herrington & Sutcliffe LLP

OCC releases CRA evaluations for November 2025

On December 1, the OCC released its CRA performance evaluations for 32 national banks and federal savings associations on how well they meet the credit needs in their communities, including low- and moderate-income...more

Sheppard Mullin Richter & Hampton LLP

CFPB Proposed Rule Dramatically Revises ECOA

On November 13, the CFPB issued a sweeping proposed rule to overhaul Regulation B, arguably the most far-reaching ECOA rewrite in the agency’s history. The proposal would eliminate disparate-impact liability under ECOA,...more

Sheppard Mullin Richter & Hampton LLP

CFPB Proposes Revisions to Regulation B’s Small Business Lending Rule Under Section 1071

On November 13, the CFPB issued a proposed rule to amend Regulation B’s 2023 small business lending rule implementing section 1071 of the Equal Credit Opportunity Act. The proposal would revise the scope of covered...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Takeaways From Fair Lending 2025: Navigating Turbulent Waters

On November 3, 2025, Skadden and Troutman co-hosted a conference in Washington, D.C. titled “Fair Lending 2025: Navigating Turbulent Waters.” Leading the conference were Anand Raman, head of Skadden’s Consumer Financial...more

Ballard Spahr LLP

CFPB wants to eliminate disparate-impact claims under ECOA

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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

Mayer Brown

CFPB Proposes Narrowing ECOA Regulations

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The Consumer Financial Protection Bureau (“CFPB”) has issued its proposed rule scaling back the interpretation of and regulations under the Equal Credit Opportunity Act (“ECOA”). While the agency placed the proposal on its...more

Bradley Arant Boult Cummings LLP

Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs

On November 13, 2025, the Consumer Financial Protection Bureau (CFPB) released a Notice of Proposed Rulemaking (NPRM) amending Regulation B – the regulation implementing the Equal Credit Opportunity Act (ECOA)....more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes changes to Regulation B on disparate impact and other provisions

On November 13, the CFPB published a proposed rule in the Federal Register to amend Regulation B, which implements the ECOA. ...more

GeoDataVision

Statistical Significance

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Statistical significance, using a 5% probability threshold, is a key tool in redlining allegations under the disparate impact theory, measuring the likelihood that a bank's low performance in minority areas occurred by...more

Ballard Spahr LLP

CFPB proposes changes to Section 1071 Rule

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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

Troutman Pepper Locke

CFPB’s Proposed Reg B Overhaul: Ending ECOA Disparate Impact, Narrowing Discouragement, and Reshaping SPCPs

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The Consumer Financial Protection Bureau (CFPB or Bureau) has proposed an unprecedented, far‑reaching rewrite of Regulation B (Reg B) under the Equal Credit Opportunity Act (ECOA). If finalized, the proposed rule would...more

GeoDataVision

Regulatory Compliance: When Statistical Significance Fails

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In October 2021, the then Attorney General, Merrick Garland, announced the Combating Redlining Initiative (“CRI”) Shortly thereafter, federal banking regulators began a record-breaking number of referrals to the Department of...more

Orrick, Herrington & Sutcliffe LLP

CFPB terminates 2023 consent order against national bank

On October 16, the CFPB terminated a 2023 consent order against a national bank, exercising its authority to end the order early after confirming the institution had “fulfilled certain obligations,” including paying the civil...more

GeoDataVision

Understanding Statistical Significance Analysis for Regulatory Compliance

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If you are worried about “redlining” you’d better understand statistical significance - The perennial question facing all banks is, “What volume of lending in Majority-Minority census tracts and mortgages extended to...more

Patomak Global Partners

Understanding the New De-Banking Executive Order

Situation Overview: On August 7, 2025, President Trump issued an Executive Order (the “Order”) entitled “Guaranteeing Fair Banking for All Americans”, which has implications for retail and institutional fair lending...more

Butler Snow LLP

FDIC Outlines Major Reforms

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At the September 2025 meeting of the Financial Stability Oversight Council, FDIC Acting Chairman Travis Hill laid out an ambitious set of reforms designed to reshape the agency’s approach to supervision, capital requirements,...more

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