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Fair Lending Lenders

Holland & Knight LLP

N.J. Attorney General Preserves Disparate Impact Theory of Lending Discrimination for Borrowers

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The Trump Administration issued an executive order in April 2025 directing federal agencies to no longer rely on the "disparate impact" theory of liability to find financial institutions and others guilty of discrimination...more

Troutman Pepper Locke

New Jersey's Big Bet on Disparate Impact: What the AG's New Rules Mean for Lenders and AI — Regulatory Oversight Podcast

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In this special crossover episode of Regulatory Oversight and The Consumer Finance Podcast, Chris Willis is joined by colleagues Lori Sommerfield and Matthew Berns to discuss New Jersey's sweeping new disparate impact...more

Troutman Pepper Locke

New Jersey's Big Bet on Disparate Impact: What the AG's New Rules Mean for Lenders and AI — The Consumer Finance Podcast

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In this special crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis is joined by colleagues Lori Sommerfield and Matthew Berns to discuss New Jersey's sweeping new disparate impact...more

Dorsey & Whitney LLP

Responding to the CFPB’s Proposal to Eliminate Disparate Impact and Related Fair Lending Protections of Regulation B

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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

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

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

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

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

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

Husch Blackwell LLP

FDIC Removes Disparate Impact Theory from Compliance Exam Manual

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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

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

Ballard Spahr LLP

Community Groups File Lawsuit Seeking to Force CFPB to Implement the Section 1071 Rule

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The saga of the CFPB’s section 1071 small business data collection and reporting rule continues. Rise Economy, fka California Reinvestment Coalition (Rise), the National Reinvestment Coalition (NCRC), the Main Street Alliance...more

Polsinelli

OCC Handbook Change is Latest Move in Administration’s Shift on Lending Discrimination

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Key Takeaways: The OCC has removed references to “disparate impact” from its Fair Lending Handbook, consistent with the broader shift in federal enforcement philosophy under the current administration....more

Ballard Spahr LLP

Massachusetts AG reaches settlement with student loan company, Earnest Operations LLC

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Massachusetts Attorney General Andrea Joy Campbell has reached a $2.5 million settlement with Earnest Operations LLC, a Delaware-based student loan company....more

Troutman Pepper Locke

In Response to President Trump’s Executive Order, the OCC Removes Disparate Impact References from Fair Lending Examination Manual

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On July 14, the Office of the Comptroller of the Currency (OCC) issued Bulletin 2025-16, announcing the removal of references to disparate impact liability from the “Fair Lending” booklet of the Comptroller’s Handbook and...more

Paul Hastings LLP

Disparate Impact Lives: Massachusetts Attacks AI in Lending

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On July 10, the Massachusetts attorney general announced a $2.5 million settlement with a Delaware-based student loan company to resolve allegations that the company’s lending practices, including the use of artificial...more

Goodwin

Massachusetts Attorney General Settles with Student Loan Lender for Unlawful Practices Related to the Use of AI

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This Thursday, July 10, Massachusetts Attorney General Andrea Joy Campbell announced a $2.5 million settlement with a company that offers education financing products based in Delaware. ...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

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

Alston & Bird

The End of Disparate Impact Liability?

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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

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

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