In this crossover edition of Moving the Metal: The Auto Finance Podcast and The Consumer Finance Podcast, hosts Brooke Conkle, Chris Capurso, and Chris Willis break down the FTC’s policy statement abandoning disparate impact enforcement under the Equal Credit Opportunity Act and Section 5 of the FTC Act. The group traces the reversal to two key drivers — a reassessment of the FTC’s statutory authority and President Trump’s executive order directing agencies to deprioritize disparate impact liability — while placing the move in the broader context of similar rollbacks at the CFPB and federal banking regulators. They also examine what remaining exposure looks like at the state level, particularly in New York and New Jersey, and close with a clear message for compliance officers: fair lending is far from dead, the current federal retreat is best understood as a vacation rather than a permanent reprieve, and paying close attention to regulatory signals now can be a meaningful competitive advantage down the road.
The FTC Caught Up: What You Need to Know About Its Latest Disparate Impact Statement
