Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Federal Court Issues Nationwide Injunction of CFPB’s Small Business Lending Rule

By Moorari Shah, A.J. Dhaliwal & Matt Benz on November 3, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
Consumer-Finance-and-Fintech-Blog-Image-CourtDecisions-660x283

On October 26, the United States District Court for the Southern District of Texas issued a nationwide preliminary injunction barring the CFPB from moving forward with implementing or enforcing the recently finalized Small Business Lending Rule, designed to implement Section 1071 of the Dodd-Frank Act. The injunction will likely remain in effect pending either the outcome of a trial on the underlying merits of the case or the Supreme Court’s reversal of Community Financial Services Association of America Ltd. v. CFPB. The Southern District of Texas previously issued a similar injunction in July in the same case, however, the original injunction applied only to the parties to the case (see previous blog post here).

The Small Business Lending Rule, if ultimately implemented and enforced, would require covered financial institutions to collect and report data on small business loan applications, including applications from small businesses with diverse ownership. It also creates the first comprehensive database of small business credit applications in the United States.

If the Supreme Court does ultimately overrule the Fifth Circuit’s ruling in the Consumer Financial Services case (see previous blog post here), the federal district court granting the nationwide injunction required the CFPB to extend all compliance deadlines for the Small Business Lending Rule to compensate for the period in which its implementation and enforcement of the rule was stayed.

Putting it into Practice: The injunction is likely a temporary reprieve as the Supreme Court is expected to reverse the lower court’s ruling in Consumer Financial Services case finding the CFPB’s funding mechanism to be unconstitutional, and other measures to stall the regulations appear to also face an uphill battle. Still, the injunction provides small business lenders with more time to develop programs to facilitate compliance with the Small Business Lending Rule. Lenders should move wisely, given the scope of the new obligations imposed by the rule, as well as the generally increasing regulatory scrutiny over small business lending.

Photo of Moorari Shah Moorari Shah

Moorari Shah is a partner in the Finance and Bankruptcy Practice Group in the firm’s Los Angeles and San Francisco offices.

Read more about Moorari ShahEmail
Photo of A.J. Dhaliwal A.J. Dhaliwal

A.J. is a partner in the Finance and Bankruptcy Practice Group in the firm’s Washington, D.C. office.

Read more about A.J. DhaliwalEmail
Photo of Matt Benz Matt Benz

Matt Benz is an associate in the Finance and Bankruptcy Practice Group in the firm’s Chicago office.

Read more about Matt BenzEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance and Fintech Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo