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CFPB Proposes Amending Disparate Impact, Special Purpose Credit Standards
On November 13, 2025, the CFPB issued a proposed rule that would change several fair lending related provisions of Regulation B, which implements the Equal Credit Opportunity Act (ECOA). 90 FR 50901. The CFPB proposes amending provisions pertaining to: (i) whether disparate impact is cognizable under the Act; (ii) under what circumstances a creditor may be deemed to be discouraging an applicant or prospective applicant; and (iii) under what conditions may a creditor offer a special purpose credit program (“SPCP”).
FDIC Delays Compliance Date for Certain Provisions of its New Digital FDIC Signage Requirements
By way of background, in December 2023, the FDIC adopted a final rule which, among other things, amended the FDIC’s official signage and advertising statement requirements for insured depository institutions. 89 FR 3504. The final rule became effective on April 1, 2024, and initially required full compliance by January 1, 2025. Subsequently, the FDIC delayed the compliance date for the amendments in Subpart A of 12 CFR 328 to May 1, 2025. The delay was intended to provide additional time for institutions to put in place processes and systems, as well as make technological updates.
CFPB Proposes to Amend Section 1071 Rule
As previously reported by BCG, the CFPB’s Section 1071 Small Business Lending Data Collection (SBLDC) Rule (codified in 12 FR Part 1002, Subpart B) has survived various legal challenges by trade associations and lenders. However, the SBLDC Rule came under fire again in 2025, this time from the CFPB itself.
FDIC Final Rule Amending Part 363 (Annual Independent Audit and Reporting Requirements)
The FDIC published a final rule in the Federal Register on December 4, 2025, to adjust and index certain regulatory thresholds in 12 CFR Parts 335 (Securities of State Nonmember Banks and State Savings Associations), 340 (Restrictions on Sale of Assets of a Failed Institution by the FDIC), 347 (International Banking), 363 (Annual Independent Audits and Reporting Requirements), and 380 (Orderly Liquidation Authority). 90 FR 55789. Since the changes made by the final rule (the “Final Rule”) to 12 CFR Part 363 regarding audit and reporting requirements for insured depository institutions have the most impact on BCG Members that are FDIC-insured, this article focuses on the changes to 12 CFR Part 363.
Table of Contents
CONSUMER FINANCE
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CFPB Proposes Amending Disparate Impact, Special Purpose Credit Standards
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FDIC Updates Consumer Compliance Exam Schedule
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CFPB Says it Lacks Legal Authority to Draw Funds from the Federal Reserve; Set to Run Out of Funding in Early 2026
BANKING OPERATIONS & FINTECH
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FDIC Delays Compliance Date for Certain Provisions of its New Digital FDIC Signage Requirements
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Separate NACHA Rule Changes Involving Funds Availability and IATs
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OCC Solicits Comments on Challenges with Core Service Providers
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OCC Issues New BSA Exam Guidance for Community Banks
COMMERCIAL LENDING
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CFPB Proposes to Amend Section 1071 Rule
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California Amends Commercial Financing Disclosure Law
CORPORATE GOVERNANCE
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FDIC Final Rule Amending Part 363 (Annual Independent Audit and Reporting Requirements)
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California Court Halts Implementation of California’s Climate Disclosure Law
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OCC Issues New Interpretative Letter on Permissible Crypto Activities
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