In what must come as a relief for Fannie Mae, a three-judge panel of the Ninth Circuit Court of Appeals earlier this month ruled that the enterprise is not a credit reporting agency as defined by the Fair Credit Reporting Act (FCRA).

In an about-face, the Federal Housing Finance Agency told the Fifth Circuit of the U.S. Court of Appeals that it will no longer defend the constitutionality of its single-director leadership structureunderthe Housing and Economic Recovery Act, which created the FHFA.