The Ninth Circuit case United States ex rel. Thrower v. Academy Mortgage Corp. provides mortgage lenders, servicers, and other entities submitting claims for payment to the federal government an important reminder of how private litigants create potential liability under the False Claims Act (FCA), even when the government shows little initiative to proceed (or, in
On April 22, 2026, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending Regulation B – the implementing regulation of the Equal Credit Opportunity Act (ECOA). Building on the Notice of Proposed Rulemaking (NPRM) issued on November 13, 2025, the final rule addresses three principal areas: (1) It clarifies that ECOA does not
On January 14, 2026, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule to “remove its discriminatory effects regulations and [leave] to courts questions related to interpretations of disparate impact liability under the Fair Housing Act.” The proposed rule follows President Trump’s executive orders, along with intervening Supreme Court decisions signaling
On November 13, 2025, the Consumer Financial Protection Bureau (CFPB) released a Notice of Proposed Rulemaking (NPRM) amending Regulation B – the regulation implementing the Equal Credit Opportunity Act (ECOA). The proposed rule addresses three principal areas: (1) it clarifies that ECOA does not authorize disparate-impact liability; (2) it further defines “discouragement” under 12 CFR
Over the past few years, we’ve seen a wave of consumer lawsuits filed under Florida’s Consumer Collection Practices Act (FCCPA), many of them alleging violations of the law’s “quiet hours” provision based solely on the timing of emails. That legal loophole has now been closed.
On May
On March 19, 2025, the Federal Housing Administration (FHA) issued Mortgagee Letter (ML) 2025-08 titled “Rescinding Multiple Appraisal Policy Related Mortgagee Letters.” As the title suggests, FHA rescinded three mortgagee letters relating to Appraisal Fair Housing Compliance and Appraisal Review and Reconsideration. While this is a major change in how appraisals will be handled under
With changes in leadership eminent and changes in regulatory priorities likely to follow, the Department of Justice (DOJ) and the CFPB kicked off 2025 with a pair of significant fair lending actions. On January 7, 2025, the United States filed a complaint against The Mortgage Firm, Inc., alleging violations of the Equal Credit Opportunity Act
Amid recent technological advances in artificial intelligence and machine learning, on January 17, 2025, the CFPB issued its Winter 2025 Supervisory Highlights: Advanced Technologies Special Edition. This edition of Supervisory Highlights delivers critical industry reminders regarding the balance between regulatory requirements and technological innovation. As an appropriate summation of the CFPB’s overarching worldview, the
On August 6, 2024, in Mortgagee Letter (ML) 2024-16, the Federal Housing Administration (FHA) announced an extension for the implementation of recent Appraisal Review and Reconsideration of Value (ROV) guidelines through and to October 31, 2024. The guidelines, further detailed in our blog post “FHA Announces New Guidelines Allowing Borrowers to Challenge Appraisals
On July 11, 2024, the United States Court of Appeals for the Seventh Circuit issued its highly anticipated decision in Consumer Financial Protection Bureau v. Townstone Financial, Inc., et al. In this pivotal decision, the Seventh Circuit reversed a prior ruling from the United States District Court for the Northern District of Illinois and held