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On November 13, the CFPB issued a sweeping proposed rule to overhaul Regulation B, arguably the most far-reaching ECOA rewrite in the agency’s history. The proposal would eliminate disparate-impact liability under ECOA, sharply narrow the scope of discouragement to focus on explicit statements directed at applicants, and prohibit or heavily restrict the use of protected-class criteria in Special Purpose Credit Programs offered by for-profit organizations. 

Continue Reading CFPB Proposed Rule Dramatically Revises ECOA

On November 3, 2025, the Consumer Financial Protection Bureau terminated its 2023 consent order against a national consumer reporting agency. The original order, issued in October 2023, required more than three million dollars in consumer redress and a five million dollar civil money penalty and addressed alleged violations of the Consumer Financial Protection Act, the Fair Credit Reporting Act, and the Economic Growth, Regulatory Relief, and Consumer Protection Act.

Continue Reading CFPB Terminates 2023 Consent Order Against a National Consumer Reporting Agency for Alleged Security Freeze Violations

On November 5, 2025, a national debt collection trade group and one of its members filed a lawsuit against the state of Colorado’s in an attempt to block its 2023 medical debt credit reporting law, HB 23-1126. The complaint alleges that the law, which bars adverse medical debt information from consumer credit reports and restricts related collection communications, is preempted by the Fair Credit Reporting Act and violates the First Amendment.

Continue Reading Colorado’s Medical Debt Reporting Law Challenged in Federal Court

On October 29, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction prohibiting the Consumer Financial Protection Bureau from enforcing its Personal Financial Data Rights Rule, also known as the open banking rule, until the Bureau completes its reconsideration of the rule. The court determined that the plaintiffs, a national bank and two banking associations, demonstrated a likelihood of success on several claims, including that the rule exceeds the Bureau’s authority under the Dodd-Frank Act and is arbitrary and capricious under the Administrative Procedure Act.

Continue Reading Federal Court Halts Implementation of CFPB’s Open Banking Rule

On October 29, the CFPB rescinded two related rulemakings that would have created public registries for nonbank financial companies. The Bureau withdrew both the Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders and the Registry of Supervised Nonbanks That Use Form Contracts To Waive or Limit Consumer Legal Protections rules, citing significant compliance costs, duplication with existing systems, and a lack of quantifiable consumer benefit.

Continue Reading CFPB Withdraws Repeat Offender and Form Contract Registry Proposals

On October 28, the CFPB issued an interpretive rule under the Fair Credit Reporting Act (FCRA) declaring that federal law generally preempts state laws governing the content of consumer credit reports. The Bureau’s action, led by Acting Director Russell Vought, replaces and withdraws a July 2022 interpretive rule issued under the prior administration, which had concluded that the FCRA’s preemption provisions were limited in scope.

Continue Reading CFPB Issues Interpretive Rule Asserting Federal Preemption Over State Medical Debt Credit Reporting Laws

On October 2, The CFPB finalized a rule extending the compliance deadlines for its 2023 Small Business Lending Data Collection Rule under the Equal Credit Opportunity Act (ECOA) and Regulation B. The final rule confirms the Bureau’s June 2025 interim rule delaying implementation by approximately one year to align compliance timelines across institutions affected by federal court stays and ongoing litigation over the rule’s validity.

Continue Reading CFPB Extends Compliance Deadlines for Section 1071 Small Business Lending Rule

On September 22, 2025, the CFPB terminated two consent orders, one involving a national bank and the other involving a mortgage servicer. The orders were originally issued under prior administrations and alleged violations of the Home Mortgage Disclosure Act (HMDA), the Consumer Financial Protection Act (CFPA), the Real Estate Settlement Procedures Act (RESPA), and the Fair Credit Reporting Act (FCRA).

Continue Reading CFPB Terminates HDMA and FCRA Consent Orders

On September 25, the CFPB finalized a rule rescinding its several Biden-era amendments to the risk-based supervisory designation process and reinstating the Bureau’s 2013 framework under the Dodd-Frank Act. The rule, effective October 27, restores confidentiality of decisions and orders, revives the role of a recommending official, and eliminates several procedural changes made in 2022-2024.

Continue Reading CFPB Looks to Amend Supervisory Designation Proceedings

On September 4, the CFPB published its Spring 2025 Unified Agenda on the Office of Information and Regulatory Affair’s website. The agenda identifies 24 regulatory items across the final, proposed, and prerule stages, covering a wide range of consumer finance issues.

Continue Reading CFPB Releases Spring 2025 Agenda Signaling Deregulatory Shift