News & Analysis as of

Fair Lending Regulation B

Hudson Cook, LLP

CFPB Proposes Changes to Regulation B

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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

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

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

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

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

Alston & Bird

DEI in Lending: Are Special Purpose Credit Programs About to DIE?

Alston & Bird on

For the last several years, federal agencies, including the Consumer Financial Protection Bureau (“CFPB”), have been strongly encouraging financial institutions to implement and offer targeted credit assistance to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Lenders May Soon Need To Prepare To Comply With the CFPB’s Small Business Rule

Despite facing challenges both from Congress and in court, the Consumer Financial Protection Bureau’s (CFPB’s) “Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)” (Small Business Rule) is likely...more

Orrick, Herrington & Sutcliffe LLP

FTC provides its 2023 ECOA activities to CFPB

On February 12, the FTC provided the CFPB with an annual summary of its 2023 enforcement, research and policy development, and educational-related initiatives on ECOA, as Dodd-Frank allows the Commission to enforce ECOA and...more

Ballard Spahr LLP

Republican Senators urge CFPB and DOJ to retract joint statement on consideration of immigration status under ECOA

Ballard Spahr LLP on

A group of eleven Republican Senators who are members of the Senate Banking Committee have sent a letter to CFPB Director Rohit Chopra and Attorney General Merrick Garland to urge the CFPB and DOJ to retract the joint...more

Ballard Spahr LLP

DOJ Redlining Consent Order With Ameris Bank

Ballard Spahr LLP on

Recently the U.S. Department of Justice (DOJ) entered into a proposed consent order with Ameris Bank to resolve allegations of redlining from 2016 through 2021 in majority Black and Hispanic areas in the Bank’s Jacksonville,...more

Husch Blackwell LLP

CFPB and DOJ Joint Statement Signals Increased Fair Lending Scrutiny for Noncitizen Borrowers

Husch Blackwell LLP on

The Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) have issued a new joint statement focused on anti-discrimination in lending practices as they relate to noncitizens. This guidance not only...more

Morrison & Foerster LLP

CFPB Issues Guidance on AI Use in Credit Decisions

On September 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued a Consumer Protection Circular, “Adverse Action Notification Requirements and the Proper Use of the CFPB’s Sample Forms Provided in Regulation B”...more

Venable LLP

CFPB Weighs in on Credit Denials by Lenders When Using AI and Complex Credit Models

Venable LLP on

The CFPB has issued a Circular addressing adverse action notification requirements and the proper use of the CFPB's sample forms provided in Regulation B when using artificial intelligence (AI) and complex credit models, and...more

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