On May 28, 2026, the ABA Banking Journal reported that a coalition of consumer groups and fair lending compliance firms has filed a lawsuit to prevent the CFPB from removing disparate impact as a prohibited practice from Regulation B, which implements the Equal Credit Opportunity Act (ECOA). The federal agencies recently removed disparate impact liability from their supervision and enforcement activities following an April 2025 executive order directing agencies to eliminate its use in all regulatory and enforcement contexts.
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