Lenders are pushing for changes to a Colorado rule that will create new obligations for developers and deployers of automated decision-making technology that materially influences consequential decisions.
The rescission follows the CFPB’s recently finalized amendments to Regulation B, and the withdrawal of other federal guidance on special purpose credit programs.
Federal Housing Finance Agency Director Bill Pulte directed Fannie Mae and Freddie Mac to end support for special purpose credit programs earlier this year. But now other agencies are also ending authorization for the programs.
In an amended complaint, consumer groups argued that the CFPB failed to consult with the appropriate prudential regulators prior to issuing its ECOA rulemaking process.
The bureau said the guidance conflicted with the amended ECOA Regulation B rule, which among other changes sets strict conditions for lenders to be able to offer special purpose credit programs.
The lawsuit filed by consumer advocacy groups contended that the new ECOA rule is a drastic turn from decades of interpretation and enforcement of the statute.
Pending changes to disparate-impact liability enforcement will have a big effect on some industries, such as indirect auto finance, but the mortgage industry will likely be spared.
The new standards for fair lending enforcement are set to take effect in July. Industry attorneys have warned that the changes to ECOA regulations don’t signal the end of fair lending risk for lenders.