On April 22, 2026, the CFPB announced a Final Rule that amends Regulation B regarding disparate impact, discouragement of applicants or prospective applicants, and special purpose credit programs under Regulation B.
The Final Rule states that …The Bureau has examined Regulation B, considered comments, and determined that, under the best reading of the statute, disparate-impact claims are not cognizable under ECOA… and that previous interpretations … relied solely on the legislative history of ECOA to support its conclusion and failed to consider whether ECOA's statutory language authorized disparate-impact liability. The Bureau has determined that ECOA's statutory language does not authorize disparate-impact liability and that the application of disparate-impact liability in the credit context may undermine ECOA's purposes.
The Final Rule takes effect on July 21, 2026.
Published 2026/04/24
