The CFPB recently published a final rule amending Regulation B that recalibrates the Bureau’s enforcement and supervisory priorities under the Equal Credit Opportunity Act (ECOA). 91 FR 21620. The final rule, effective July 21, 2026, introduces changes to Regulation B in three areas by: (i) eliminating provisions related to disparate-impact liability under the ECOA; (ii) narrowing the “discouragement” provisions of Regulation B related to applicants or prospective applicants; and (iii) imposing new restrictions on for-profit special purpose credit programs under Regulation B. The rule represents a significant change by the CFPB in its interpretation of the ECOA, and follows President Trump’s 2025 executive order directing that agencies eliminate the use of disparate-impact liability to the maximum extent possible under the Constitution.

 

Join us for the May 2026 BCG Monthly Telephone Briefing, where we will review the CFPB’s final rule and discuss its implications for financial institutions. Download Handout here!