News & Analysis as of

Fair Lending

Sheppard Mullin Richter & Hampton LLP

Illinois District Court Denies Motion to Vacate CFPB Redlining Settlement

On June 12, the U.S. District Court for the Northern District of Illinois denied a motion to vacate a November 2024 stipulated final judgement and order requiring a Chicago-based mortgage broker to pay a $105,000 civil money...more

Goodwin

The Evolving Landscape of AI Regulation in Financial Services

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Artificial intelligence (AI) is increasingly woven into financial services operations, transforming everything from consumer interactions through chatbots and targeted marketing to essential functions like underwriting,...more

Orrick, Herrington & Sutcliffe LLP

CFPB and DOJ terminate consent order with mortgage lender accused of redlining

On June 2, the U.S. District Court for the Eastern District of Pennsylvania granted a motion by the CFPB and DOJ to terminate a consent order and dismiss with prejudice a case alleging redlining against a mortgage lender...more

Sheppard Mullin Richter & Hampton LLP

DOJ Moves to End $13 Million Redlining Consent Order

On May 28, the U.S. Department of Justice filed a motion to terminate its redlining consent order against a New Jersey-based bank. The five-year order, entered in September 2022, resolved allegations that the banks violated...more

Hudson Cook, LLP

[Webinar] Compliance Coffee Break - ECOA and/or Fair Lending - June 10th, 2:00 pm - 2:30 pm ET

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Please join Hudson Cook partners Trisha Cacciola and Patty Covington for an update on the current state of ECOA and fair lending regulation under the new administration....more

Husch Blackwell LLP

DE&I Rollbacks: Are Banks in the Crosshairs?

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In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use...more

GeoDataVision

Why Does the CFPB Disguise Important Mortgage Data?

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Banks play a pivotal role in the economic wellbeing of our nation and local communities. Banks do this by being “financial intermediaries” facilitating the flow of funds between savers and borrowers. This obligation is so...more

Troutman Pepper Locke

Regulatory Rollback: Impact on Industry of CFPB's Withdrawal of Fair Lending and UDAAP Informal Guidance — The Consumer Finance...

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In this episode of The Consumer Finance Podcast, Chris Willis and Lori Sommerfield discuss the Consumer Financial Protection Bureau's (CFPB) recent withdrawal of more than 60 pieces of informal guidance, focusing on those...more

GeoDataVision

Trump’s EO Regarding Disparate Impact: An Opportunity to Examine the REMA Concept

GeoDataVision on

President Trump signed Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy on April 23, 2025”. The EO proclaims a policy goal of eliminating “the use of disparate-impact liability in all contexts to the...more

Amundsen Davis LLC

What Trump’s Order on Disparate-Impact Liability Means for Banks and Financial Institutions

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On April 23, 2025, President Donald J. Trump signed an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order states that the U.S. aims to limit the use of disparate-impact liability in order...more

GeoDataVision

The Impact of Trump’s Executive Order Regarding Disparate Impact

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Just when you thought the flurry of executive orders pertaining to “deregulation” might have slowed down, the President signed, on April 23, 2025, Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy.”...more

Alston & Bird

The End of Disparate Impact Liability?

Alston & Bird on

On April 23, 2025, President Trump signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” which seeks to “eliminate the use of disparate-impact liability in all contexts to the maximum degree...more

Frost Brown Todd

Trump’s New Executive Order Targeting Disparate Impact Liability May Target Fair Lending as Well

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On April 23, 2025, President Trump issued an executive order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which seeks to eliminate disparate impact liability, denouncing it as a threat to equal opportunity...more

Frost Brown Todd

Making Sense of Small Biz Fair Lending Compliance

Frost Brown Todd on

Starting this June, the first tier of small business lenders will begin collecting certain data to report to the Consumer Financial Protection Bureau under Rule 1071, issued pursuant to Section 1071 of the Dodd-Frank Act....more

Sheppard Mullin Richter & Hampton LLP

White House Executive Order Eliminates Disparate-Impact Liability Enforcement

On April 23, the White House issued an Executive Order entitled Restoring Equality of Opportunity and Meritocracy, directing federal agencies to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Troutman Pepper Locke

Fair Lending Shake-Ups: CFPB Vacates Townstone Settlement, FHFA Ends GSEs' Special Purpose Credit Programs — The Consumer Finance...

Troutman Pepper Locke on

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke colleagues Lori Sommerfield and Lane Page to dissect two unexpected fair lending developments under the new Trump...more

Troutman Pepper Locke

CFPB Announces 2025 Supervision and Enforcement Priorities

Troutman Pepper Locke on

This week, the Consumer Financial Protection Bureau (CFPB or Bureau) released a memo to staff outlining its new supervision and enforcement priorities for 2025....more

Ballard Spahr LLP

CFPB rescinds enforcement, supervisory priority documents, outlines new priorities for 2025

Ballard Spahr LLP on

The CFPB is rescinding its existing enforcement and supervision priority documents, according to a memo sent to bureau staff by CFPB Chief Legal Officer Mark Paoletta....more

Troutman Pepper Locke

The FinReg Frontier: AI and Machine Learning in Consumer Finance — The Consumer Finance Podcast

Troutman Pepper Locke on

In this episode of the Consumer Finance Podcast, Chris Willis, co-leader of Troutman Pepper Locke's Consumer Financial Services Regulatory practice, delves into the current state of machine learning and artificial...more

Orrick, Herrington & Sutcliffe LLP

CFPB seeks to vacate redlining settlement and refund civil money penalty to firm

On March 26, the CFPB, in its first press release in over 50 days, announced its intention to seek to vacate a redlining settlement previously imposed on a nonbank retail-mortgage creditor and broker based in Chicago. As...more

Bradley Arant Boult Cummings LLP

FHA Overhauls Appraisal Rules: Three Appraisal Policy Related Mortgagee Letters Rescinded

On March 19, 2025, the Federal Housing Administration (FHA) issued Mortgagee Letter (ML) 2025-08 titled “Rescinding Multiple Appraisal Policy Related Mortgagee Letters.” As the title suggests, FHA rescinded three mortgagee...more

GeoDataVision

The New Modern Community Reinvestment Act Needs to be Fixed ASAP

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When the new CRA rule was published in late 2023 it contained some very serious flaws that need to be corrected. Fixing the flawed CRA rule should be a high priority for the Trump Administration because the new rule is...more

Orrick, Herrington & Sutcliffe LLP

Arkansas updates its Fair Mortgage Lending Act with two new amendments

On March 12, Arkansas enacted HB 1466 which amends the state’s Fair Mortgage Lending Act. HB 1466 introduces a set of definitions and regulatory requirements for mortgage brokers, bankers, servicers, loan officers, and...more

Sheppard Mullin Richter & Hampton LLP

FTC Granted Injunction in Small Business Lending Case 

The CFPB has recently dismissed two more enforcement actions—one against a major credit reporting agency and another against a lease-to-own financing provider. Both lawsuits involved allegations of abusive, unfair, and...more

Sheppard Mullin Richter & Hampton LLP

CFPB Moves Forward with Military Lending Act Enforcement Against Installment Lender 

On March 10, 2025, the CFPB informed the U.S. District Court for the Northern District of Texas that it will proceed with litigation against a short-term installment lender and its subsidiary for alleged violations of the...more

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