Archive

85 Days and Counting! Section 1071 Data Collection

In July of 2022, the CFPB had agreed to a March 31, 2023, deadline for issuing a final rule implementing the small business data requirements of Section 1071 of the Dodd-Frank Act. Section 1071 amended the ECOA, to require financial institutions to collect and report certain data in connection with credit applications made by small businesses, including women- or minority-owned small businesses. The CFPB issued a NPRM in September 2021 and the comment period ended on January […]

FDIC FAIR HOUSING CHANGES

On August 8, 2022, the Federal Deposit Insurance Corporation (FDIC) published a technical correction  to two regulations in the Federal Register. The changes were precipitated by the consolidation of the former Consumer Response Center and the Deposit Insurance Section. The resulting entity has been renamed the National Center for Consumer and Depositor Assistance (NCDA). Both the Fair Housing Rule and the Consumer Protection in Sales of Insurance Rule are impacted by the change. FDIC-regulated institutions […]

1071 Preparation: What Should We Do Now?

  In the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) of 2010, Congress directed the Consumer Financial Protection Bureau (CFPB) to adopt regulations that will govern data collection for small business and agricultural lending. Section 1071 of Dodd-Frank amended the Equal Credit Opportunity Act (ECOA, Reg. B) to require financial institutions to collect and submit specific data to the CFPB. Congress enacted section 1071 for the purpose of: Facilitating enforcement of fair lending laws. […]

SECTION 1071 TECHNOLOGY READINESS SESSIONS

On August 8, 2022, the Consumer Financial Protection Bureau (CFPB) announced live and virtual technical conversations about software used by financial institutions to facilitate compliance with the CFPB’s small business lending rulemaking (referred to as 1071). The CFPB 1071 technical team will share insights into how the CFPB generally builds regulatory compliance systems for the intake of submitted information from financial institutions, such as Home Mortgage Disclosure Act (HMDA) reporting system. The team will also […]

CFPB Circular – Adverse Action Based on Credit Models

On May 26, 2022, the Consumer Financial Protection Bureau (CFPB) confirmed that federal anti-discrimination law requires companies to explain to applicants the specific reasons for denying an application for credit or taking other adverse actions, even if the creditor is relying on credit models using complex algorithms. The CFPB published a Consumer Financial Protection Circular  (Circular 2022-3) to remind the public, including those responsible for enforcing federal consumer financial protection law, of creditors’ adverse action notice […]