Federal lending rules may change. Here’s what that means.

Federal lending rules may change. Here’s what that means.
Photo by Alexander Mils / Unsplash

In November 2025, the Consumer Financial Protection Bureau (CFPB) proposed changes to federal lending rules that would reduce the amount of data collected about small-business lending and narrow the scope of how discrimination claims are enforced. These proposals do not make discrimination legal, and they do not prevent women from applying for loans. However, if finalized, they would make it harder to track lending outcomes, identify patterns affecting women-owned businesses, and prove discrimination when it occurs.

Some parts of the federal lending framework are already in place but delayed, while the proposed changes are still under review and have not yet taken effect.

What it means: If finalized, the changes weaken the tools used to monitor whether fair-lending laws are working in practice.

Why it Matters

  • Less data, less visibility
    Narrowing and delaying small-business lending data collection would reduce the ability to see how women-owned businesses are treated across lenders, loan types, and terms.
  • Harder to spot systemic problems
    With fewer data points, patterns of unequal access — such as higher denial rates or worse loan terms — are more likely to go undetected.
  • Higher bar to challenge discrimination
    Proposed enforcement changes would make it harder to hold lenders accountable for discriminatory outcomes, shifting focus to proving discriminatory intent, which is far more difficult.

Advocacy organizations warn that taken together, these changes weaken the infrastructure used to monitor and enforce fair access to credit — particularly for women and other historically underserved groups.

Background

The Equal Credit Opportunity Act (ECOA) is a federal law that prohibits lenders from discriminating against individuals applying for credit. This includes discrimination based on sex, race, marital status, age, or whether someone receives public assistance. ECOA applies to both personal loans and business loans.

In 2010, Congress updated ECOA through a law known as Section 1071 of the Dodd-Frank Act. This update required lenders to collect and report information about small-business loan applications — including whether a business is owned by a woman or by people from historically underserved groups. The goal was simple: to make lending patterns visible so regulators and communities could see whether everyone has fair access to credit.

Although Section 1071 became law in 2010, the rules needed to carry it out were delayed for many years. The CFPB finally finalized the data collection rule in 2023.

In November 2025, the CFPB proposed the current changes to that rule. The proposal would reduce who has to report lending data, limit which types of loans are included, and push back compliance timelines. As a result, less information would be available about how small-business credit is distributed.

At the same time, the CFPB proposed changes to how ECOA is enforced. These changes would make it harder for regulators to challenge lending practices based on harmful results alone, and instead require stronger proof that a lender intended to discriminate.

Resources

National Fair Housing Alliance - NFHA Denounces Proposed CFPB Rule Change Eliminating Fair Access to Lending for Women, Underserved Communities 
Reuters - US consumer finance watchdog proposes ending civil rights-era anti-discrimination requirements

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