In a final rule, the CFPB removed language from § 1002.6(a) of Regulation B of the Equal Credit Opportunity Act (ECOA) and its official commentary (comment 6(a)-2 and comment 2(p)-4) that had long suggested an “effects test” could apply in lending cases. It has been replaced with text stating that
CFPB rejects disparate impact theory
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The change came almost exactly one year after President Trump declared it federal policy to eliminate the doctrine where possible.