News & Analysis as of

Fair Lending Financial Institutions

Cooley LLP

FHFA Repeals Fair Housing and Fair Lending Rule

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On February 6, 2026, the Federal Housing Finance Agency (FHFA) published a final rule repealing its Fair Lending, Fair Housing, and Equitable Housing Finance Plans regulation (part 1293)....more

MoFo Tech

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

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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

Baker Donelson

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

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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

Alston & Bird

Expansion of New York’s Community Reinvestment Act Via New Regulation

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Last week, the New York State Department of Financial Services (DFS) announced a new regulation designed to ensure that licensed nonbank mortgage bankers in New York (“mortgage lenders”) meet the needs of the communities they...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

Troutman Pepper Locke

CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts

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On April 16, the Consumer Financial Protection Bureau released a memo to staff outlining its new supervision and enforcement priorities for 2025. These priorities appear to be intended to reverse some of the more prominent...more

Troutman Pepper Locke

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

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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

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

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

Moore & Van Allen PLLC

New Executive Order Raises Spotlight on Debanking

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As anticipated, on August 7th, the White House published its Executive Order designed to address the “unlawful debanking” of certain individuals and industries. The Executive Order titled Guaranteeing Fair Banking For All...more

Orrick, Herrington & Sutcliffe LLP

Fed officials emphasize need for progress on financial inclusion

Recently, two members of the Fed, the Vice Chair for Supervision, Michelle Bowman, and Governor Michael Barr, both spoke on the ongoing challenges and opportunities in advancing financial inclusion across the U.S. Both...more

Amundsen Davis LLC

President Trump Takes Action to Ensure Fair Banking for All Americans

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On August 7, 2025, President Donald J. Trump signed an executive order titled “Guaranteeing Fair Banking for All Americans.” The order asserts that financial institutions have restricted the access of individuals and...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Rejects DOJ’s Request to End Oversight of Pennsylvania Bank’s Redlining Settlement

On July 23, the U.S. District Court for the Eastern District of Pennsylvania denied the Department of Justice’s motion to terminate a consent order requiring a Pennsylvania bank to implement a five-year fair lending...more

GeoDataVision

Wild Times for the Community Reinvestment Act

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Join top CRA experts Dr. Ken Thomas, Len Suzio and Dean Stockford for a wide ranging discussion on the Community Reinvestment Act....more

Vedder

OCC Ends Use of Disparate Impact in Fair Lending Supervision

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The Office of the Comptroller of the Currency (“OCC”) has formally revised its fair lending examination procedures, announcing in Bulletin 2025-16, issued on July 14, 2025, that it has eliminated all references to disparate...more

Orrick, Herrington & Sutcliffe LLP

OCC removes reference to disparate impact for examiners

On July 14, the OCC announced it has removed the references to disparate impact liability from the “Fair Lending” booklet of the Comptroller’s Handbook and has started removing references in other issuances. The OCC has also...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

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

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

Troutman Pepper Locke

CFPB Announces 2025 Supervision and Enforcement Priorities

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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

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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

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

Troutman Pepper Locke

New Jersey Division on Civil Rights Issues Finding of Probable Cause Against Consumer Financial Services Company for...

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On March 11, New Jersey Attorney General (AG) Matthew Platkin and the New Jersey Division on Civil Rights (DCR) announced that DCR issued a finding of probable cause against Advance Funding Partners/Same Day Funding (Advance...more

Ballard Spahr LLP

Federal Reserve Identifies Top Fair Lending Violations

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In the latest edition of its Consumer Compliance Outlook, the Federal Reserve (Fed) identified the four most significant fair lending violations that it found in examining state member banks in 2022. These are violations that...more

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