CFPB, Federal Agencies, State Agencies, and Attorneys General
The Mortgage Bankers Association (MBA) recently filed a lawsuit in the U.S. district court for the district of New Jersey challenging the disparate impact rules adopted by the state.
In December 2025, the New Jersey Division on Civil Rights (DCR) adopted Rules Pertaining to Disparate Impact Discrimination under the New Jersey Law Against Discrimination.… Continue Reading
Changes at the CFPB have caused a backlog of consumer complaints, the CFPB’s Office of Inspector (OIG) said, in a report.
Stop-work orders also resulted in CFPB staff temporarily not performing enforcement, supervision and other functions, but workforce-reduction actions had limited impact on bureau operations because of court intervention, the OIG said.… Continue Reading
As previously reported, in February 2022, eight federal agencies issued an Interagency Statement encouraging the offering of special purpose credit programs (SPCPs) under the Equal Credit Opportunity Act (ECOA). The agencies were the CFPB, FDIC, OCC, Fed, NCUA, HUD, DOJ, and FHFA. Seven of the agencies have now rescinded the Interagency Statement.… Continue Reading
The Consumer Financial Protection Bureau announced on August 14, 2026, that it will cease its discretionary publication of consumer complaint narratives and associated data visualizations in the Consumer Complaint Database which it is statutorily required to maintain under the Dodd-Frank Act. The CFPB’s announcement represents a significant change in the way the Bureau makes consumer complaint information available to the public.… Continue Reading
The Federal Trade Commission (FTC) has taken a major step toward dismantling two theories of discrimination.
In a new Policy Statement Regarding Disparate-Impact Claims and “Unfair Discrimination” Claims, the FTC announces that it will no longer pursue disparate-impact claims under the FTC Act or the Equal Credit Opportunity Act (ECOA). Just as significantly, although less prominently emphasized in the Policy Statement, the FTC has now repudiated its position that the “unfairness” prong of Section 5 of the FTC Act independently authorizes the Commission to pursue discrimination claims.… Continue Reading
Introduction
Illinois has joined a growing number of states that are expanding fair lending obligations at the state level even as the federal government moves in the opposite direction. On July 31, 2026, SB 3777 became Public Act 104-0744, amending the Illinois Human Rights Act (Act) to prohibit not only intentional discrimination in lending and credit card issuance, but also the use of facially neutral underwriting criteria or methodologies that produce discriminatory effects.… Continue Reading
The National Fair Housing Alliance (“NFHA”) and three other plaintiffs have amended their lawsuit challenging the CFPB’s recently issued amendments to Regulation B under the Equal Credit Opportunity Act (“ECOA”). The amended complaint, filed August 11, makes several important changes to the complaint originally filed on May 27.
The amendments do not fundamentally alter the plaintiffs’ challenge to the Regulation B rule.… Continue Reading
President Trump is renewing his effort to oust Lisa D. Cook from the Federal Reserve Board.
In a letter to Cook, a Biden Administration nominee, Daniel Scavino, Assistant to the President and Deputy Chief of Staff and Director of the Office of Presidential Personnel, repeated allegations that Cook may have made false statements on one or more mortgage applications and stated that the President is considering removing her from her position as a result.… Continue Reading
On May 27, 2026, the National Fair Housing Alliance, Rise Economy, BLDS, LLC, and SolasAI filed a lawsuit in the U.S. District Court for the District of Columbia challenging the Consumer Financial Protection Bureau’s amendments to Regulation B, which implements the Equal Credit Opportunity Act (ECOA). We discussed the lawsuit shortly after it was filed in our June 2, 2026 blog post linked above.… Continue Reading
As previously reported, last year the Trump Administration filed a motion in the federal district court for the district of New Jersey to terminate the redlining consent order with Lakeland Bank that was entered into in September 2022 and provided for a five-year term. The redlining consent order was part of the Justice Department focus on redlining during the Biden Administration.… Continue Reading
