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FDIC No Longer Examining for Disparate Impact Liability. The FDIC announced that it has removed references to disparate impact liability from its Consumer Compliance Examination Manual, consistent with President Trump’s Executive Order directing agencies to deprioritize enforcement based on disparate impact liability. FDIC examiners will instead “evaluate potential discrimination under the Equal Credit Opportunity Act and Fair Housing Act only through evidence of disparate treatment.” View FDIC FIL-41-2025 and the redlined changes.
September 2, 2025
SBA Orders Lenders to End and Redress “Debanking” Practices. The Small Business Administration (SBA) has issued a letter to SBA-lenders instructing them to end “politicized or unlawful banking practices,” pursuant to a recent Executive Order. The letter directs SBA lenders to identify policies or practices that resulted in politicized or unlawful debanking, identify and reinstate previous clients denied services through politicized or unlawful banking, and notify such clients of the renewed option to engage in services previously denied. Covered financial institutions must comply by December 5, 2025, and submit a detailed report to the SBA evidencing their compliance by January 5, 2026. Read the announcement and letter.
August 27, 2025
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