In a significant legal development, the U.S. Court of Appeals for the Fifth Circuit has dismissed the appeal by the Consumer Financial Protection Bureau (CFPB) regarding the vacated amendments to its Unfair, Deceptive, or Abusive Acts and Practices (UDAAP) Examination Manual. This decision, made on May 1, aligns with the CFPB’s newly outlined supervision and enforcement priorities for 2025, marking a pivotal shift in the Bureau’s regulatory approach.

The CFPB had previously sought to expand its anti-discrimination enforcement beyond the traditional limits of the Equal Credit Opportunity Act (ECOA), a move that was met with legal challenges from the U.S. Chamber of Commerce and several banking trade associations. These groups argued that the Bureau exceeded its statutory authority by bringing discrimination claims under the “unfair” prong of UDAAP against financial institutions for noncredit products. The district court, citing constitutional concerns over the CFPB’s funding and overreach, vacated the amendments.

In a strategic pivot, the CFPB has decided to withdraw its appeal, aligning with a recent memo from Chief Legal Officer Mark Paoletta. This memo, discussed in more detail here, outlines the Bureau’s shift towards focusing on areas clearly within its statutory authority. The CFPB plans to concentrate its efforts on depository institutions, restoring its focus to the levels seen in 2012, and will prioritize enforcement actions involving proven intentional discrimination rather than relying solely on statistical evidence.

This development underscores a broader trend within the CFPB to recalibrate its regulatory strategies, stepping back from novel legal theories and refocusing on core enforcement areas. The decision to dismiss the appeal reflects a pragmatic approach by the Bureau, aiming to streamline its regulatory efforts and ensure compliance within well-defined legal boundaries.

For more detailed insights on this development, you can refer to the original article on the Consumer Financial Services Law Monitor.