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CFPB Proposes Ending ECOA Disparate-Impact, Reshaping Discouragement and Special Credit Programs

The 73-page proposal enters a 30-day comment period ahead of expected court challenges.

Signage is seen at the Consumer Financial Protection Bureau (CFPB) headquarters in Washington, D.C., U.S., August 29, 2020. REUTERS/Andrew Kelly
Signage is seen at the Consumer Financial Protection Bureau (CFPB) headquarters in Washington, D.C., U.S., August 29, 2020. REUTERS/Andrew Kelly

Overview

  • The Bureau’s draft would revise Regulation B to declare that the Equal Credit Opportunity Act does not authorize disparate-impact liability, shifting enforcement toward intentional discrimination.
  • Acting Director Russell Vought signed the proposal, which narrows the rule against discouraging applicants by focusing on directed statements and shielding targeted advertising from liability.
  • For-profit lenders’ Special Purpose Credit Programs would face new restrictions, including a ban on using race, color, national origin, or sex as eligibility criteria, with existing SPCP-originated credit grandfathered.
  • The initiative follows President Donald Trump’s April executive order urging regulators to curtail effects-based rules and echoes prior rollbacks that encountered litigation.
  • Consumer advocates and Democrats condemned the plan, and the CFPB acknowledged potential harms for elderly, minority, and low-income borrowers if effects-based remedies are removed.