News & Analysis as of

Fair Lending Equal Credit Opportunity Act

Troutman Pepper Locke

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

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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

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

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

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

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

Mayer Brown

Attention Lenders: New Jersey Issues Disparate Impact Regulations

Mayer Brown on

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

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

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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

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

Troutman Pepper Locke

FDIC Updates Consumer Compliance Examination Manual to Eliminate Disparate Impact Analysis in Response to President Trump’s...

Troutman Pepper Locke on

On August 29, the Federal Deposit Insurance Corporation (FDIC) announced updates to its Consumer Compliance Examination Manual, marking a pivotal shift in how potential discrimination under the Equal Credit Opportunity Act...more

Husch Blackwell LLP

FDIC Removes Disparate Impact Theory from Compliance Exam Manual

Husch Blackwell LLP on

Before the Labor Day holiday weekend, the Federal Deposit Insurance Corporation (FDIC) updated the fair lending and unfair, deceptive act or practices (UDAP) chapters of its Consumer Compliance Examination Manual to remove...more

GeoDataVision

The Regulatory Compliance Ping Pong Game

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Regulatory Compliance has been an ever-evolving process for decades. But at least the changes have been mostly steady and slow. But during the last 15 years the pace of regulatory change has not only accelerated, but it’s...more

Latham & Watkins LLP

President Trump Issues Executive Order on Fair Banking

Latham & Watkins LLP on

Regulators are directed to avoid reputation risk, identify banks that have engaged in unlawful debanking, and take appropriate remedial actions. ...more

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