The CFPB has issued a technical correction to its proposed amendments to Regulation B, the rule implementing the Equal Credit Opportunity Act, but the underlying proposal reflected significant changes to fair lending standards.
In a filing scheduled for publication Wednesday in the Federal Register, the CFPB corrected regulatory text from its November 2025 proposal to conform with the version originally submitted by the Bureau.
While procedural in nature, the proposal itself marked a notable shift in how the agency interprets federal anti-discrimination law in credit markets.
Most significantly, the revised language clarified that the Equal Credit Opportunity Act "does not provide that the 'effects test' applies" when determining discrimination. That language signaled the Bureau's move away from disparate impact theory, which evaluates policies based on outcomes, and toward a narrower focus on intentional discrimination, or disparate treatment.
The proposal would also standards for Special Purpose Credit Programs (SPCPs), limiting the use of race, color, national origin, or sex as eligibility criteria in certain lender-created programs. For-profit lenders would be required to document evidence that targeted groups would otherwise be denied credit.
Additional revisions clarified discouragement standards and credit scoring guidance, including reaffirming that age may be used as a predictive factor under specific conditions.
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