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ARTICLE · 12 SEPTEMBER 2023

CFPB "Unfairness Discrimination" Struck Down

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On September 8, 2023, a federal court struck down the Consumer Financial Protection Bureau's (CFPB) attempts to supervise institutions for so-called "unfairness discrimination.

United StatesEmployment and HR
Ori Lev
Ori Lev
Tori K. Shinohara
Tori K. Shinohara
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On September 8, 2023, a federal court struck down the Consumer Financial Protection Bureau's (CFPB) attempts to supervise institutions for so-called "unfairness discrimination." The CFPB had previously announced the view that the statutory prohibition on unfairness encompasses a broad-based prohibition on discrimination in an update to its examination manual in March 2022, eliciting substantial objections and pushback from the financial services industry. Importantly, in addition to declaring the CFPB's interpretation to be beyond the CFPB's statutory authority, the court also enjoined the CFPB from "any examination, supervision, or enforcement action ... based on the [CFPB's] interpretation of its UDAAP authority announced in the March 2022 update to its Supervision and Examination Manual" with respect to any member of the plaintiff organizations in the case. If upheld on appeal, the ruling would be a significant blow to the CFPB's efforts to enforce

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