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The Equal Credit Opportunity Act (ECOA) directs the Consumer Financial Protection Bureau (Bureau) to prescribe regulations to carry out the ECOA’s purposes. See 15 U.S.C. 1691b(a). The Bureau issued a proposed rule that would facilitate compliance with ECOA by clarifying the obligations imposed by the statute. The comment period for that proposed rule closed on December 15, 2025.  

Statement of Need:

The amendments are necessary and proper to further the purposes of Equal Credit Opportunity Act, including facilitating compliance by clarifying the obligations imposed by the statute as to disparate impact, discouragement, and special purpose credit programs.

Summary of the Legal Basis:

ECOA, 15 U.S.C. 1691b(a), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).

Alternatives:

There are no appropriate alternatives as amendments to the current regulatory text are necessary.

Anticipated Costs and Benefits:

Given the uncertainty at this point as to the impact of the modifications to Regulation B, the Bureau does not have the information to precisely quantify or monetize the costs, or to quantify or monetize the benefits associated with the final rule. The Bureau believes that the amendments to the provisions related to disparate impact and discouragement are largely deregulatory in nature and therefore are expected to reduce burden for the covered persons. 

Risks:

To be determined.