ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Fifth Circuit grants stay pending appeal in 1071 lawsuit

March 3, 2025
Reading Time: 3 mins read
ABA files reply brief in support of motion for summary judgment in Section 1071 lawsuit

Section 1071 litigation
Texas Bankers Association v. CFPB
Date: Feb. 7, 2025

Issue: ABA’s motion for a stay pending appeal to pause the Consumer Financial Protection Bureau’s (CFPB) final rule implementing Section 1071 of the Dodd-Frank Act.

Case Summary: A Fifth Circuit panel (Judges Jerry Smith, Carl Stewart and Stuart Duncan) granted ABA’s motion for a stay pending appeal in its lawsuit challenging CFPB’s Section 1071 final rule.

Section 1071 of the Dodd-Frank Act amended the Equal Credit Opportunity Act (ECOA) to require financial institutions to collect and report thirteen data points to CFPB regarding credit applications by women-owned, minority-owned and small businesses. Section 1071 also authorizes CFPB to require additional data collection, but only if such data “would aid in fulfilling the purposes” of Section 1071.

On Aug. 26, 2024, Judge Randy Crane denied ABA’s motion for summary judgment, ruling CFPB acted within its authority under the Dodd-Frank Act and that the 1071 final rule is neither arbitrary nor capricious under the APA. On Oct. 23, 2024, ABA filed a notice of appeal and asked the Fifth Circuit to grant a stay pending appeal. In its motion, ABA argued that its claims — that the 1071 final rule exceeds CFPB’s statutory authority and is arbitrary and capricious — are likely to succeed on the merits. ABA also argued its members would face irreparable harm without a stay, the balance of equities heavily favors a stay, and a temporary stay is warranted while the Fifth Circuit considers the motion.

The case was scheduled for oral arguments before the Fifth Circuit on Feb. 3. However, due to Acting Director Bessent’s freeze order, counsel for CFPB appeared and informed the panel that new leadership had instructed them not to participate in litigation, except to seek a pause in proceedings. The panel then requested both parties to submit, in writing, their stance on the case’s status. In response, CFPB stated that it no longer opposes ABA’s motion for a stay pending appeal to postpone the compliance deadlines for the 1071 final rule by 90 days. This pause will allow the Acting Director time to consider the issues at hand. Consequently, the Fifth Circuit granted ABA’s motion for a stay pending the appeal, but this decision is subject to modification at any time. As a result, the compliance deadlines for the 1071 final rule are effectively paused for the plaintiffs and intervenors involved in the litigation.

The case was slated for oral arguments before the Fifth Circuit on Feb. 3. However, based on Acting Director Bessent’s freeze order, CFPB counsel appeared and, without addressing the merits of the case, notified the panel that they had been instructed by new leadership not to make any appearances in litigation except to seek a pause in proceedings. The panel then directed each side to announce, in writing, its posture on the status of the case. In response, CFPB stated in writing that it no longer opposes ABA’s motion to stay the 1071 final rule’s compliance deadlines (the first of which is in July 2025) for 90 days to give the acting director time to consider the issues. However, the Fifth Circuit granted ABA’s motion for a stay pending the appeal, but subject to modification at any time. As a result, the 1071 final rule’s compliance deadlines are tolled for members of the plaintiffs and intervenors in the litigation from Oct. 23, 2024, until the Fifth Circuit issues its merits ruling.

Bottom Line: CFPB’s status update is due March 5, 2025.

Documents: Order

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: January 20

Uncategorized
January 20, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: January 12

Uncategorized
January 12, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Compliance question of the month: February 2025

Compliance question of the month: January 2026

Uncategorized
January 12, 2026

Compliance QOTM clarifies whether all loan renewals are reportable for CRA purposes.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: October through December 2025

Uncategorized
January 12, 2026

The FinCEN 314(a) Updates section is published on a periodic basis to better capture the trend line for 314(a) usage. The following is an update from October through December 2025.

ABA files amicus brief urging full Tenth Circuit to grant rehearing in Colorado rate opt-out lawsuit

ABA files amicus brief urging full Tenth Circuit to grant rehearing in Colorado rate opt-out lawsuit

Uncategorized
January 5, 2026

ABA filed a coalition amicus brief urging the Tenth Circuit to grant a rehearing en banc of a panel decision that reversed the District of Colorado’s preliminary injunction against Colorado’s rate opt-out law.

California federal court dismisses MiCamp Solutions’ antitrust lawsuit against Visa

California federal court dismisses MiCamp Solutions’ antitrust lawsuit against Visa

Uncategorized
January 5, 2026

Judge Haywood Gilliam of the Northern District of California dismissed a lawsuit alleging that Visa violated the Sherman Antitrust Act by monopolizing the card payment services market.

NEWSBYTES

Pending home sales fell in December

January 21, 2026

Survey: AI, fraud among top cybersecurity trends for 2026

January 21, 2026

ABA urges FDIC to pause special assessment collection

January 21, 2026

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: A Lone Star banking perspective

January 15, 2026

Podcast: The incredible shrinking penny (circulation)

January 8, 2026

Podcast: Cybersecurity in a mobile-first banking landscape

December 18, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.