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 Compliance and Risk

CFPB proposes changes to fair lending enforcement

November 12, 2025
Reading Time: 2 mins read
ABA, associations object to CFPB ‘junk fee’ label for mortgage-related fees

The Consumer Financial Protection Bureau is proposing to remove disparate impact from its enforcement of the Equal Credit Opportunity Act, clarify the prohibition on discouraging prospective applicants, and establish new limits on special-purpose credit programs offered by lenders.

The ECOA prohibits creditors from discriminating against applicants on the basis of race, sex and other factors. The CFPB argues that ECOA does not prohibit the use of otherwise neutral policies or practices that have an adverse effect on a member of a protected class, known as disparate impact.

President Trump in April issued an executive order directing federal agencies to “deprioritize enforcement” of statutes and regulations that include disparate-impact liability. The Office of the Comptroller of the Currency and the FDIC are among the agencies that have complied by making changes to exam procedures.  In a proposed rule to be released Thursday, the CFPB is seeking to amend Regulation B to remove disparate impact, which would be a more durable change.

“The bureau has preliminarily determined that ECOA’s statutory language does not authorize disparate-impact liability and that the application of disparate impact liability in the credit context may undermine ECOA’s purposes,” the proposed rule states.

Discouragement

The CFPB is proposing to revise the prohibition on discouragement cases where the lender knows or should know that its statements would discourage a prospective applicant. According to the rule, the proposed changes eliminate “liability based solely on disparate-impact like discouragement claims.”

The proposal would also clarify that encouraging statements in marketing made to one group are not discouraging to other groups who were not included in the marketing effort.

Special-purpose credit programs

As for special-purpose credit programs, the bureau is proposing to prohibit for-profit lenders from using race, sex or national origin as criteria for qualification, and is proposing several new restrictions on the use of any common characteristics for determining eligibility.

“Among these new restrictions are additional requirements that a for-profit organization establish the fact that applicants with common characteristics that would otherwise be a prohibited basis would not receive credit under the organization’s current standards due to the common characteristic and that providing credit of the type and amount sought could not be accomplished through a program that does not use an otherwise prohibited basis as eligibility criteria,” according to the rule.

Tags: CFPBConsumer lendingDisparate impactFair lending
ShareTweetPin

Related Posts

Report: Republicans push back against proposed cuts to CDFI Fund

CDFI Fund extends application deadlines to April

Community Banking
March 10, 2026

The CDFI Fund has extended the application deadlines for financial assistance and technical assistance awards to April because of last year’s government shutdown.

ABA: OCC should revise proposed changes to bank merger application process

ABA, associations seek extension of comment deadline for OCC Genius Act implementation

Newsbytes
March 10, 2026

ABA joined three other banking associations in requesting that the OCC extend the public comment deadline for a proposed rule to implement payment stablecoin legislation, saying the potential ramifications for banks merited a deliberative approach.

FinCEN issues southwest border geographic targeting order

FinCEN issues new geographic targeting order for southwest border

Compliance and Risk
March 10, 2026

FinCEN issued a new geographic targeting order targeting multiple counties and ZIP codes in four states along the Southwest U.S. border. It replaces an older order that recently expired.

ABA survey: Americans want fintechs to follow bank rules

ABA survey: Americans want fintechs to follow bank rules

Compliance and Risk
March 10, 2026

ABA survey found strong consumer support for requiring nonbank fintech companies to follow the same rules as banks, and for protecting local lending from stablecoin risks.

Poll: Small business owners optimistic about the future

NFIB small business optimism decreased to 98.8 in February

Economy
March 10, 2026

The Small Business Optimism Index for February was 98.8, down 0.5 points from January. The Index remains slightly above its 52-year average of 98 but marks the second consecutive monthly decline. The Uncertainty Index fell 3 points from...

New home sales fall in March

ABA DataBank: Existing home sales rise on lower rates

Economy
March 10, 2026

The gain in existing home sales being driven by improved affordability. A pickup in home resale activity should lead to increased mortgage originations, while lower rates could lead to a resurgence in refinancing activity.

NEWSBYTES

CDFI Fund extends application deadlines to April

March 10, 2026

ABA, associations seek extension of comment deadline for OCC Genius Act implementation

March 10, 2026

FinCEN issues new geographic targeting order for southwest border

March 10, 2026

SPONSORED CONTENT

How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026
Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

February 1, 2026

PODCASTS

Podcast: How the SCAM Act would encourage platforms to go after scammers

February 4, 2026

A new kind of ‘community bank’ for small businesses

January 22, 2026

Podcast: A Lone Star banking perspective

January 15, 2026

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.