On June 17, the Consumer Financial Protection Bureau (CFPB) rescinded its 2020 advisory opinion “Equal Credit Opportunity (Regulation B); Special Purpose Credit Program,” which addressed regulatory uncertainty regarding the application of the Equal Credit Opportunity Act’s Regulation B to certain aspects of special purpose credit programs (SPCPs) “designed by for-profit organizations to meet special social needs.” The advisory opinion had clarified the content a for-profit …
Spotlight on CFPB’s Recent Statement on Ability to Pay and Immigration Status
The Consumer Financial Protection Bureau (CFPB) issued a statement reminding creditors that assessing a consumer’s ability to pay debt obligations under the Truth in Lending Act (TILA) may warrant or require consideration of immigration status when relying on an individual’s employment income. The statement follows a recent White House executive order designed to mitigate risks to the financial system “posed by the extension of credit …
Agencies Strip Reputation Risk From Interagency Supervisory Guidance
Recently, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC) and Federal Reserve Board (Federal Reserve) jointly updated 15 supervisory interagency guidance documents by removing references to “reputation risk.” The updated guidance follows other agency actions to remove “reputation risk” from supervisory guidance and examinations and is part of a broader federal effort to eliminate so-called politicized or unlawful debanking. …
AI Executive Order Creates Voluntary Framework for Frontier Models, Advances Critical Infrastructure Cybersecurity
On June 2, 2026, President Donald Trump signed a new executive order (EO) addressing the intersection of artificial intelligence and cybersecurity. This EO has direct implications for AI developers, critical infrastructure companies, and any business operating at the intersection of AI and cybersecurity. The EO directs federal agencies to take a series of actions (many within 30 to 60 days) with the purposes of upgrading …
The New Colorado AI Act: What Financial Institutions Need to Know
Colorado recently upended its landmark artificial intelligence legislation, just a month before the bill’s effective date and with days left in the legislative session. Senate Bill 26-189 (SB 189) repeals and replaces Senate Bill 24-205, the 2024 law that first established Colorado’s AI legislative framework, with a substantially narrowed scope, and pushes back the effective date to January 1, 2027. SB 189 contains a restructured …
White House Issues Executive Orders Targeting Financial System Integrity, Fintech Innovation
On May 19, 2026, President Donald Trump signed an executive order titled, “Restoring Integrity to America’s Financial System.” The order is designed to mitigate risks to the financial system “posed by the extension of credit or financial services to the inadmissible and removable alien population.” The order stops short of requiring firms to verify each customer’s citizenship status – a controversial move that was reportedly …
Senator Warren Challenges OCC Over Crypto Trust Charters
This week, Sen. Elizabeth Warren, ranking member of the Senate Committee on Banking, Housing, and Urban Affairs, sent a letter to the Office of the Comptroller of the Currency (OCC) challenging the agency’s granting of national trust charters to crypto companies “in apparent violation of the National Bank Act.” According to Warren, the nine crypto companies that have received national trust charters since December 2025 …
Chopra Appointed First Secretary of California’s New Business and Consumer Services Agency
On May 12, 2026, California Gov. Gavin Newsom announced the appointment of former Director of the Consumer Financial Protection Bureau (CFPB) Rohit Chopra as the first secretary of California’s newly created Business and Consumer Services Agency (BCSA). Set to launch on July 1, 2026, the new cabinet-level agency is designed to strengthen consumer protection and fairness through the coordination of licensing, enforcement and rulemaking efforts across …
HUD Clarifies Scope of Fair Housing Act’s Steering Prohibition for Real Estate Professionals
The Department of Housing and Urban Development (HUD) issued a “Dear Colleague” letter to real estate professionals clarifying that sharing crime or school quality information with prospective homebuyers or renters is not a violation of the Fair Housing Act (FHA) when shared without discriminatory intent. The letter follows closely on the heels of a final rule issued by the Consumer Financial Protection Bureau (CFPB) to …
Fannie Mae Issues AI/ML Governance Framework for Sellers and Servicers
Fannie Mae recently issued Lender Letter LL-2026-04 (Fannie Mae letter), which sets forth a governance framework for Fannie Mae single-family sellers and servicers using artificial intelligence and machine learning (AI/ML) in their origination and servicing practices. The requirements will take effect on August 6, 2026. The Fannie Mae letter builds upon prior Freddie Mac updates to its Seller/Servicer Guide on the same topic (Freddie Mac …