On January 14, the Department of Housing and Urban Development (HUD) issued a proposed rule that would repeal its Fair Housing Act (FHA or Act) “discriminatory effects” (disparate impact) regulations and leave the development and application of disparate impact standards entirely to the courts. Comments are due February 13, 2026.
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week.
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week.
Today, another significant decision was issued in the ongoing battle over the fate of the Consumer Financial Protection Bureau (CFPB or Bureau). In National Treasury Employees Union (NTEU) v. Vought, the D.C. federal district court granted the plaintiffs’ motion to clarify the existing preliminary injunction and squarely rejected the Department of Justice Office of Legal Counsel’s (OLC) interpretation of the CFPB’s funding statute. In so holding, the ruling makes clear that the CFPB cannot justify noncompliance with the court’s existing preliminary injunction by declining to request funds from the Federal Reserve.
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week.
On December 17, New Jersey announced its adoption of what its Attorney General is calling the “most comprehensive state-level disparate impact regulations in the country.” Effective December 15, 2025, the Division on Civil Rights’ (DCR) new rules under the New Jersey Law Against Discrimination (LAD) codify guidance on disparate impact discrimination across housing, lending, employment, places of public accommodation, and contracting.
As we discussed in our prior post on National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau), on August 15 the U.S. Court of Appeals for the District of Columbia issued a decision vacating the district court’s preliminary injunction, which had previously restricted the CFPB’s actions to halt the Bureau’s operations and terminate its employees. The court of appeals held that most of the employees’ claims belonged in the Civil Service Reform Act regime and that the remaining claims did not target reviewable final agency action or equitable claims.
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week.
On December 10, the Office of the Comptroller of the Currency (OCC) released preliminary findings from its supervisory review of “debanking” activities at the nine largest national banks. The objective of the review was to determine whether the banks debanked or discriminated against any customers or potential customers on the basis of their political or religious beliefs or lawful business activities. The review, which was required to be completed by the OCC and other federal banking agencies by December 5 pursuant to Executive Order 14331 (Guaranteeing Fair Banking for All Americans), covers the period 2020–2025.
In two recent litigation status reports, the Consumer Financial Protection Bureau (CFPB or Bureau) indicated that it is working to issue interim final rules for both Section 1071 and Section 1033 in light of an opinion from the U.S. Department of Justice’s Office of Legal Counsel (OLC) concluding that the Bureau cannot lawfully draw funds from the Federal Reserve Board at this time. Specifically, as discussed here, the OLC concluded that the Federal Reserve System presently has no “combined earnings” from which the CFPB may lawfully draw funds under the Dodd‑Frank Act, and the CFPB has publicly stated it anticipates having sufficient funds to continue normal operations through at least December 31, 2025.