News & Analysis as of

Fair Lending Consumer Financial Protection Bureau (CFPB)

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

Snell & Wilmer

2026 Auto Finance Compliance Trends: What Lenders Need to Know Now

Snell & Wilmer on

2026 is now underway, and federal and state regulators are signaling continued attention on consumer protection in auto finance. Several themes have recently emerged across regulatory agencies’ public statements, enforcement...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

MoFo Tech

AI Trends For 2026 - AI and Algorithmic Bias in Financial Services

MoFo Tech on

With the exponential growth of AI technologies, financial institutions must address algorithmic bias head on, as it is one of the most significant emerging issues in certain core activities, including credit underwriting,...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

Goodwin

FinCEN Issues Final Rule to Postpone Effective Date of Investment Adviser Rule to 2028

Goodwin on

Welcome to Goodwin’s Financial Services News Roundup. Our newsletter highlights important legal, regulatory, and business developments related to financial services and banking....more

Orrick, Herrington & Sutcliffe LLP

CFPB receives rulemaking petition to remove Regulation C

On January 12, the CFPB received a petition from a nonprofit law firm urging the Bureau to rescind Regulation C, 12 C.F.R. § 1003, and Appendix B to Part 1003. ...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 Mullin Richter & Hampton LLP

CFPB and DOJ Withdraw Joint Statement Addressing ECOA and Noncitizen Borrowers

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

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

Ballard Spahr LLP on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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

Troutman Pepper Locke on

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

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

Ballard Spahr LLP on

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

Mayer Brown on

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

GeoDataVision on

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

Ballard Spahr LLP on

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

466 Results
 / 
View per page
Page: of 19

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide