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.
A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position.
“The government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent,” Judges Patricia Millett and Cornelia Pillard of the U.S. Circuit Court of Appeals for the District of Columbia, said. Both are Obama appointees.
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