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

Construction spending decreased 0.3% in May

ABA DataBank: Continued weakness in May housing starts

Economy
June 16, 2026

Continued low construction activity could further reduce demand for construction loans. With building permits coming in only slightly below April’s rate, May’s sharp decline in housing starts could just be a temporary setback.

Bessent: Trump administration recognizes CDFI Fund’s ‘important role’ in communities

Former comptrollers warn against state erosion of federal banking powers

Newsbytes
June 15, 2026

States are increasingly seeking to regulate activities that have historically fallen within the domain of federal supervision, and that threatens the regulatory clarity the nation's dual banking system has long provided, two former comptrollers of the currency write...

Consumers turn to credit cards, home equity to maintain financial stability

Survey: Younger couples value financial independence from partners

Economy
June 15, 2026

Young couples are more likely to embrace financial independence from their partners by maintaining separate bank accounts, according to a recent survey by Fidelity.

Industrial production rose in March

Industrial production rose 0.1% in May

Economy
June 15, 2026

Industrial production increased 0.1% in May after increasing 0.9% in April. In May, manufacturing output was unchanged, the index for mining rose 1.3%, and utilities decreased 0.4%.

Bank, credit union groups unite against Welch-Gooden bill

ABA Viewpoint: Higher upfront APRs were a policy choice

Policy
June 15, 2026

Three key choices by lawmakers and regulators pushed credit card pricing toward higher annual percentage rates. Rate caps would have even more unintended consequences for consumers.

Four Ways Banks Protect Seniors by Reducing Social Isolation

A national campaign to fight impostor scams targeting seniors

Compliance and Risk
June 15, 2026

By participating, banks can help ensure that more consumers are better prepared to recognize and avoid fraud.

NEWSBYTES

ABA DataBank: Continued weakness in May housing starts

June 16, 2026

Former comptrollers warn against state erosion of federal banking powers

June 15, 2026

Survey: Younger couples value financial independence from partners

June 15, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding bank regulators’ guidance on illegal immigration

June 11, 2026

Podcast: Creating a feeling of welcome, for customers and new bankers

May 28, 2026

Podcast: How consumer deposits drive full relationship banking

May 14, 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.