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ARTICLE · 12 OCTOBER 2021

CFPB Publishes Proposed Rule For Data Collection On Small Business Lending

On September 1, 2021, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPRM) requesting public comment on its proposed rule to implement Section 1071...

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On September 1, 2021, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPRM) requesting public comment on its proposed rule to implement Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The publication of the NPRM in the Federal Register on October 8, 2021, commences the 90-day comment period – and comments on the proposed rule must be received on or before January 6, 2022.

Section 1071 of the Dodd-Frank Act amended the Equal Credit Opportunity Act to require that certain financial institutions collect and report to the CFPB certain data regarding applications for credit made by small businesses, including women-owned businesses and minority-owned businesses1, among other requirements. Section 1071 has two stated purposes: "to facilitate enforcement of fair lending laws and enable communities, governmental entities, and creditors to identify business and community development needs

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