The Kentucky Bankers Association and several Kentucky banks sued the Consumer Financial Protection Bureau (CFPB) in the U.S. District Court for the Eastern District of Kentucky to challenge the small business lending rule.
The Consumer Financial Protection Bureau (CFPB) is statutorily required to file an annual report to Congress describing the administration of its functions under the Equal Credit Opportunity Act (ECOA), summarizing public enforcement actions by other agencies, and assessing compliance with ECOA.
The U.S. District Court for the Eastern District of Texas granted the plaintiffs' motion for summary judgment against the Consumer Financial Protection Bureau, vacated the update to the UDAAP section of the examination manual, and permanently enjoined the CFPB from taking enforcement actions based on the interpretation of unfairness authority set forth in that manual update.
To identify fair lending risks, the Consumer Financial Protection Bureau monitors consumer financial markets and incorporates factors such as tips from industry whistleblowers, advocacy groups, and government agencies; supervisory and enforcement history; consumer complaints; and analysis of Home Mortgage Disclosure Act (HMDA) data.
The Consumer Financial Protection Bureau alleges that Colony Ridge Development and Colony Ridge BV violated the Interstate Land Sales Full Disclosure Act (ILSA) by making untrue statements, omitting material facts, failing to provide required accurate translations, and failing to report and disclose required information.
In 2023, the FDIC, NCUA, FRB, OCC, and CFPB collectively made 33 referrals to the Department of Justice (DOJ) involving discrimination in violation of the Equal Credit Opportunity Act (ECOA).
The Interagency Working Group on Fair Lending Enforcement is a standing working group of Federal agencies, including the Consumer Financial Protection Bureau (CFPB), the Department of Justice (DOJ), the Department of Housing and Urban Development (HUD), and the Federal Trade Commission (FTC), that meets regularly to discuss issues relating to fair lending enforcement.
In 2023, the Consumer Financial Protection Bureau (CFPB) issued Matters Requiring Attention and Memoranda of Understanding to mortgage lenders, directing them to take corrective actions regarding redlining, including providing consumer remediation to spur lending in redlined areas.
The Consumer Financial Protection Bureau (CFPB) is required to report annually, in consultation with the Department of Housing and Urban Development (HUD), on the utility of the Home Mortgage Disclosure Act (HMDA) requirement that covered lenders itemize certain mortgage loan data.
In 2023, the Consumer Financial Protection Bureau (CFPB) prioritized supervision of mortgage origination, credit card marketing, and the use of automated systems and artificial intelligence models in credit card originations as part of its annual risk-based prioritization process.
The 2022 HMDA modified loan application register data published by the CFPB contains loan-level information filed by financial institutions, which has been modified to protect consumer privacy.
The Consumer Financial Protection Bureau (CFPB) identifies appraisal bias as a key fair lending priority.
The Consumer Financial Protection Bureau (CFPB) published a summary of 2022 mortgage lending data in June 2023.
The National Credit Union Administration (NCUA) and the Consumer Financial Protection Bureau (CFPB) reported violations of 12 CFR 1002.4 and 1002.7(d)(1) regarding discrimination on a prohibited basis and improper signature requirements in 2023.
In 2023, the Consumer Financial Protection Bureau (CFPB) addressed digital discrimination through enforcement matters, supervisory matters, rulemaking, guidance, and an interagency approach.
The Consumer Financial Protection Bureau (CFPB) and the Federal Financial Institutions Examination Council (FFIEC) published the 2023 edition of the 'HMDA Getting it Right Guide' in March 2023.
The Consumer Financial Protection Bureau's mortgage origination work includes reviewing residential property appraisal service providers to identify risks arising from potential discrimination or bias, as well as conducting Home Mortgage Disclosure Act (HMDA) data integrity and validation reviews.
On December 20, 2023, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) filed a complaint against the Texas-based company Colony Ridge.
The Consumer Financial Protection Bureau (CFPB) asserts that robust fair lending testing of models must include regular testing for disparate treatment and disparate impact, as well as the search for and implementation of less discriminatory alternatives using manual or automated techniques.
The Consumer Financial Protection Bureau (CFPB) and the Federal Financial Institutions Examination Council (FFIEC) publish data submission resources for HMDA filers and vendors at https://ffiec.cfpb.gov.
The Consumer Financial Protection Bureau's credit card supervision includes assessing lenders' digital marketing practices, the use of alternative data in marketing, and the use of automated systems or artificial intelligence models in credit card originations.
On April 14, 2023, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief in the case of Roberson v. Health Career Institute LLC.
The Consumer Financial Protection Bureau (CFPB) filed an appellate brief addressing three issues: the timeliness of a plaintiff's claims under the doctrine of equitable tolling, the propriety of district court jury instructions under the Equal Credit Opportunity Act (ECOA), and the public policy goals undermined by enforcing a waiver of claims in a loan modification agreement.
The Consumer Financial Protection Bureau (CFPB) provides an interactive, accessible version of Regulation C on its website.
The Consumer Financial Protection Bureau interprets the Equal Credit Opportunity Act's (ECOA) prohibition on discrimination as applying to 'any aspect of a credit transaction,' covering all dealings between a borrower and a creditor, rather than being limited to specific loan terms like interest rates or fees.
The Consumer Financial Protection Bureau filed an Amici Curiae brief supporting the Plaintiff-Appellees in the case Saint-Jean v. Emigrant Mortgage Co., 50 F. Supp. 3d 300 (E.D.N.Y. 2014) (No. 22-3094).
The Consumer Financial Protection Bureau (CFPB) coordinated its 2023 fair lending regulatory, supervisory, and enforcement activities through numerous interagency organizations and taskforces to promote consistent, efficient, and effective enforcement of Federal fair lending laws.
The Federal Financial Institutions Examination Council (FFIEC) is composed of the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC), and the Consumer Financial Protection Bureau (Bureau).
The Consumer Financial Protection Bureau (CFPB) issued a final rule on small business lending under the Equal Credit Opportunity Act (ECOA), as mandated by section 1071 of the Dodd-Frank Act.
The Consumer Financial Protection Bureau (CFPB) plans to include assessments of lenders' demographic reporting practices and Home Mortgage Disclosure Act (HMDA) compliance systems in its evaluations to ensure monitoring for inaccurate or incomplete demographic information reporting.
The Consumer Financial Protection Bureau (CFPB), in consultation with the Department of Housing and Urban Development (HUD), finds that the itemization and tabulation of HMDA data furthers the purposes of the Home Mortgage Disclosure Act.
On September 19, 2023, the CFPB released Consumer Financial Protection Circular 2023-03, which pertains to legal requirements lenders must adhere to when using artificial intelligence and other complex models.
In 2023, the Consumer Financial Protection Bureau (CFPB), the Federal Deposit Insurance Corporation (FDIC), and the Federal Trade Commission (FTC) collectively brought four fair lending enforcement actions.
In September 2022, the U.S. Chamber of Commerce and other plaintiffs sued the Consumer Financial Protection Bureau in the U.S. District Court for the Eastern District of Texas to challenge an update to the UDAAP section of the CFPB's examination manual.
To survive a motion to dismiss under the Equal Credit Opportunity Act (ECOA), plaintiffs are only required to plead facts that plausibly allege discrimination, rather than establishing a prima facie case, which the Consumer Financial Protection Bureau defines as an evidentiary standard rather than a pleading requirement.
CFPB exam teams utilize open-source automated debiasing methodologies to develop potential alternative models to the credit scoring models used by financial institutions.
The Consumer Financial Protection Bureau (CFPB) filed a notice of appeal in November 2023, which was subsequently stayed by the Fifth Circuit pending the Supreme Court's resolution of the case CFPB v. CFSA.
The Consumer Financial Protection Bureau's (CFPB) updated examination manual clarified that discriminatory conduct may violate the Consumer Financial Protection Act's (CFPA) prohibition on unfair practices and provided guidance to examiners on how to identify such violations.
The CFPB and DOJ lawsuit alleges that Colony Ridge sells flood-prone land lacking water, sewer, or electrical infrastructure to families and provides loans that borrowers cannot afford.
The Consumer Financial Protection Bureau (CFPB) alleges that Colony Ridge defendants violated the Consumer Financial Protection Act (CFPA) by making deceptive representations to consumers.
In 2023, the Consumer Financial Protection Bureau (CFPB) brought two fair lending enforcement actions against Citibank and Colony Ridge.
The Consumer Financial Protection Bureau (CFPB) reviews the fair lending testing regimes of financial institutions as part of its ongoing market monitoring activities.
The Consumer Financial Protection Bureau (CFPB) and the Federal Financial Institutions Examination Council (FFIEC) released the 2024 Filing Instructions Guide, an online interactive Filing Instructions Guide, and the 2023 Supplemental Guide for Quarterly Filers in November 2023.
The Consumer Financial Protection Bureau (CFPB) asserts that discriminatory targeting violates the Equal Credit Opportunity Act (ECOA).
The Consumer Financial Protection Bureau (CFPB) reported violations of 12 CFR 1002.6(b)(2) and (5) in 2023, which concern the improper evaluation of age and receipt of public assistance in a credit transaction.
In 2023, federal agencies and the Consumer Financial Protection Bureau collectively reported citing 189 institutions for violations of the Equal Credit Opportunity Act (ECOA) and/or Regulation B.
The Consumer Financial Protection Bureau maintains a webpage at https://www.consumerfinance.gov/1071-rule/ that compiles materials related to its small business rulemaking, including information on the interim final rule to extend compliance deadlines.
The Consumer Financial Protection Bureau evaluates whether credit card lenders assess disparities in application, underwriting, and pricing processes, and whether those institutions search for less discriminatory alternatives to the automated models they use.
The U.S. District Court for the Southern District of Texas extended its preliminary injunction against the Consumer Financial Protection Bureau's (CFPB) small business lending rule to apply to all covered entities.
The Consumer Financial Protection Bureau filed a Statement of Interest in support of the plaintiffs in the case Roberson et al v. Health Career Institute LLC, et al. (S.D.Fla. 2023) (No. 9:22CV81883).
The Consumer Financial Protection Bureau (CFPB) asserts that existing laws and regulations apply to all technologies used by financial institutions, regardless of the complexity or novelty of the technology, particularly regarding unlawful discrimination and credit decision explanations.
The Department of Justice (DOJ) addressed how the Fair Housing Act (FHA) applies to discriminatory appraisals in a joint statement of interest filed with the Consumer Financial Protection Bureau in Connolly & Mott v. Lanham et al.
The Consumer Financial Protection Bureau published an analysis on November 2, 2023, regarding state-specific versions of Community Reinvestment Act (CRA) laws, which ensure financial institutions' lending, services, and investment activities meet community credit needs.
The Consumer Financial Protection Bureau's 30th edition of 'Supervisory Highlights' reported that mortgage lenders violated the Equal Credit Opportunity Act (ECOA) and Regulation B by discriminating in the granting of pricing exceptions based on race, national origin, sex, and age.
On June 5, 2023, the CFPB published a document affirming that the Equal Credit Opportunity Act (ECOA) and Regulation B apply to franchisees seeking credit to finance their businesses.
The U.S. District Court for the Eastern District of Kentucky preliminarily enjoined the Consumer Financial Protection Bureau (CFPB) from enforcing the small business lending rule pending a decision in CFPB v. CFSA.
On March 13, 2023, the Consumer Financial Protection Bureau and the Department of Justice filed a joint statement of interest in Connolly & Mott v. Lanham et al., asserting that reliance on discriminatory home appraisals can violate the Equal Credit Opportunity Act (ECOA).
The Consumer Financial Protection Bureau assesses whether lenders comply with the adverse action notice requirements of the Equal Credit Opportunity Act (ECOA) and Regulation B, and whether lenders maintain policies that unlawfully exclude property based on geography, exclude certain types of income, or treat criminal history in an unlawful manner.
The Interagency Task Force on Fair Lending consists of the Consumer Financial Protection Bureau (CFPB), the Department of Housing and Urban Development (HUD), the Federal Trade Commission (FTC), the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board (FRB), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC), the Department of Justice (DOJ), and the Federal Housing Finance Agency (FHFA).
When an enforcement action is resolved through a public enforcement order, the Consumer Financial Protection Bureau takes steps to ensure the respondent or defendant complies with the order, which may include ensuring eligible borrowers receive compensation and that the defendant implements a comprehensive fair lending compliance management system.
The Consumer Financial Protection Bureau (CFPB) intends to investigate and enforce laws against unlawful discrimination that may be disguised by processes within credit transactions, including the selection and procurement of data for advanced technological methods.
The Consumer Financial Protection Bureau (CFPB) provides informal staff guidance to financial institutions and service providers regarding statutes and rules it implements, such as the Equal Credit Opportunity Act (ECOA), Regulation B, the Home Mortgage Disclosure Act (HMDA), and Regulation C, via its Regulation Inquiries platform.
The Consumer Financial Protection Bureau (CFPB) maintains a comprehensive suite of resources for reporting and using Home Mortgage Disclosure Act (HMDA) data, which includes Executive Summaries of HMDA rule changes, Small Entity Compliance Guides, Institutional and Transactional Coverage Charts, Reportable HMDA Data Charts, sample data collection forms, FAQs, a Beginners Guide to Accessing and Using HMDA Data, and downloadable webinars.
The Revenue Based Finance Coalition, a trade association representing merchant cash advance providers, filed a lawsuit against the Consumer Financial Protection Bureau (CFPB) in the U.S. District Court for the Southern District of Florida.
The Consumer Financial Protection Bureau (CFPB) reported several referrals regarding discriminatory lending practices, including one matter involving race-based redlining in mortgage lending, three matters involving race and national origin-based redlining in mortgage lending, one matter involving discrimination in commercial loan underwriting based on race, color, national origin, and religion, one matter involving auto loan pricing discrimination based on sex or gender, and one matter involving auto loan pricing discrimination based on race and national origin.
The U.S. District Court for the Southern District of Texas issued a preliminary injunction preventing the Consumer Financial Protection Bureau (CFPB) from enforcing its small business lending rule against the Texas Bankers Association, Rio Bank, and the American Bankers Association (which joined as a plaintiff on May 14, 2023), while staying compliance dates pending the outcome of CFPB v. CFSA.
On March 26, 2024, the Consumer Financial Protection Bureau announced the availability of the Home Mortgage Disclosure Act (HMDA) modified loan application data for the year 2023.
In 2023, the Consumer Financial Protection Bureau (CFPB) referred 18 fair lending matters to the Department of Justice (DOJ), including cases involving redlining, discrimination in underwriting based on public assistance income, predatory targeting based on race and national origin, discrimination in pricing exceptions, and discrimination in credit cards.
The Consumer Financial Protection Bureau's mortgage origination supervision includes assessing potential discrimination in underwriting and pricing processes, identifying disparities in application processes, and evaluating weaknesses in fair lending-related compliance management systems.
The Texas Bankers Association and Rio Bank sued the Consumer Financial Protection Bureau (CFPB) in the U.S. District Court for the Southern District of Texas to challenge the validity of the final rule on small business lending.
The Director of the Consumer Financial Protection Bureau, Rohit Chopra, delegated the authority to electronically sign the Fair Lending Report for publication in the Federal Register to Laura Galban, a Bureau Federal Register Liaison.
Consumer Financial Protection Bureau (CFPB) personnel meet regularly with personnel from the Department of Justice (DOJ), the Department of Housing and Urban Development (HUD), the Federal Trade Commission (FTC), the Federal Housing Finance Agency (FHFA), State Attorneys General, and prudential regulators to coordinate and discuss the CFPB's fair lending work.