The Consumer Financial Protection Bureau has finalized a rule extending the compliance dates for its small-business data collection. The bureau first extended the new deadlines in June in an interim final rule.
The CFPB released a final rule in 2023 to implement Section 1071 of the Dodd-Frank Act, which requires financial institutions to report data on small-business lending. Several lawsuits followed, including one brought by the Texas Bankers Association and American Bankers Association, which resulted in a stay of the mandatory compliance dates pending the outcome of the case. Under President Trump, the agency has deemphasized enforcement of the rule and pledged to issue new rulemaking in response to the lawsuits.
The starting compliance date for 1071 data collection is based on lending volume, with the highest-volume lenders (Tier 1) previously required to start collecting data on July 18. Under the rule finalized today, that deadline was moved to July 1, 2026. The requirement to collect data for Tier 2 lenders was pushed back from Jan. 16, 2026, to Jan. 1, 2027. The requirement to collect data for Tier 3 lenders was moved from Oct. 18, 2026, to Oct. 1, 2027. For all tiers, the deadline to submit data to the government would be June 1 following the year of collection. The CFPB acknowledges that for ABA members, the compliance dates are stayed by order of the Fifth Circuit Court of Appeals until further action by the court.
The CFPB also said it intends to initiate a new Section 1071 rulemaking “and anticipates issuing a notice of proposed rulemaking as expeditiously as reasonably possible.”
