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Fair Lending Regulatory Requirements

Sheppard Mullin Richter & Hampton LLP

New Jersey AG Announces Comprehensive Disparate Impact Rules

On December 17, 2025, the New Jersey Attorney General announced that the Division on Civil Rights adopted new rules clarifying disparate impact discrimination liability under the New Jersey Law Against Discrimination. The...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

GeoDataVision

Important Lessons in OCC Simplified Strategic Plan Proposal for all ISB’s and Large Banks

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Even if you don't use the strategic plan option or are examined by FDIC or FRB you should read this - At first glance most bankers would think that the OCC’s proposed simplified CRA strategic plan process would not be of...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

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

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

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

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

Butler Snow LLP

FDIC Outlines Major Reforms

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At the September 2025 meeting of the Financial Stability Oversight Council, FDIC Acting Chairman Travis Hill laid out an ambitious set of reforms designed to reshape the agency’s approach to supervision, capital requirements,...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

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

GeoDataVision

Wild Times for the Community Reinvestment Act

GeoDataVision on

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

Ballard Spahr LLP on

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

Sheppard Mullin Richter & Hampton LLP

Massachusetts AG Settles with Student Loan Lender on AI-Based Fair Lending Violations

On July 10, Massachusetts Attorney General Andrea Joy Campbell announced a $2.5 million settlement with a student loan company to resolve allegations that its underwriting practices violated the Massachusetts Consumer...more

Hudson Cook, LLP

No AI Law? No Problem. How Massachusetts Attacked AI Underwriting Under Existing State Statutes

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On July 10, 2025, the Massachusetts Attorney General (AGO) entered into an Assurance of Discontinuance (AOD) with a private student loan lender (the Company), resolving allegations that the Company's underwriting practices...more

Polsinelli

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

Polsinelli on

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

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upholds Dallas Fee-Cap & Installment Limits for Short-Term Loans

On July 1, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s denial of a preliminary injunction sought by several short-term lenders challenging amendments to the City of Dallas’s short-term...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

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

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

Troutman Pepper Locke

The FinReg Frontier: AI and Machine Learning in Consumer Finance — The Consumer Finance Podcast

Troutman Pepper Locke on

In this episode of the Consumer Finance Podcast, Chris Willis, co-leader of Troutman Pepper Locke's Consumer Financial Services Regulatory practice, delves into the current state of machine learning and artificial...more

GeoDataVision

The New Modern Community Reinvestment Act Needs to be Fixed ASAP

GeoDataVision on

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

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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