The D.C. Circuit Court of Appeals has ruled that Federal Trade Commission (FTC) commissioner Rebecca Kelly Slaughter can be temporarily reinstated following her dismissal earlier this year.
Slaughter, along with Commissioner Alvaro Bedoya, was removed from her position in March. Their dismissals were challenged on the grounds that they violated the Federal Trade Commission Act and a 1935 Supreme Court decision that protects officials serving in independent agencies. Bedoya was initially part of the lawsuit but stepped down from the FTC in June.
In the latest episode of our podcast, we explore the significant shifts in the regulatory landscape under the second Trump administration and how these recent deregulatory actions have opened new pathways for banks and FinTech companies by reducing barriers to entry and compliance costs. This evolving environment presents opportunities for innovation and market expansion, although state law oversight, including licensing and regulatory requirements.
The National Credit Union Administration (NCUA) today announced its removal of all references to disparate impact liability from its Fair Lending Guide(Opens new window) and other issuances. These updates follow with White House Executive Order 14281, This is an external link to a website belonging to another federal agency, private organization, or commercial entity.Restoring Equality of Opportunity and Meritocracy(Opens new window) which directs federal agencies to eliminate the use of disparate impact liability in all contexts.
Today the Federal Trade Commission launched a public inquiry to better understand the scope, prevalence, and effects of employer noncompete agreements, as well as to gather information to inform possible future enforcement actions.
On August 29, the Federal Deposit Insurance Corporation (FDIC) announced updates to its Consumer Compliance Examination Manual, marking a pivotal shift in how potential discrimination under the Equal Credit Opportunity Act and Fair Housing Act will be evaluated. The FDIC will now focus solely on evidence of disparate treatment, removing all references to disparate impact analysis from its examination procedures. This action follows on the heels of the OCC’s announcement on July 14 that it had removed all references to disparate impact analysis from the Fair Lending booklet of the Comptroller’s Handbook and directed examiners to cease examining banks for disparate impact liability, discussed here.
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