CFPB withdrawal of 67 interpretive rules, policy statements, advisory opinions and other guidance (90 FR 20084)

Summary

On May 12, 2025 (90 FR 20084) the CFPB withdrew 67 guidance documents: 8 policy statements, 7 interpretive rules, 13 advisory opinions and 39 other guidance documents. Among them are Circular 2022-03, on adverse action notices for credit decisions based on complex algorithms, and Circular 2023-03, on adverse action notices and the proper use of the Regulation B sample forms. The Bureau said the withdrawn guidance should not be enforced or relied on by the Bureau during its review, and that it would deprioritize enforcement against conduct that does not conform to it. The regulation itself is unchanged. Regulation B (12 CFR 1002.9) still requires the statement of reasons for adverse action to be specific and to indicate the principal reasons, which applies to decisions made with algorithmic or AI models.

Key dates

1. May 12, 2025Issued
2. May 12, 2025Takes effect
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. The withdrawals are applicable as of May 12, 2025.

   Supports: Applicability date

   14. Consumer Financial Protection Circular 2022-03: Adverse action notification requirements in connection with credit decisions based on complex algorithms

   Supports: Circular 2022-03 withdrawn

   7. Consumer Financial Protection Circular 2023-03: Adverse action notification requirements and the proper use of the CFPB's sample forms provided in Regulation B, 89 FR 27361 (Apr. 17, 2024).

   Supports: Circular 2023-03 withdrawn

   However, the Bureau has determined that the guidance identified in section III should not be enforced or otherwise relied upon by the Bureau while this review is ongoing.

   Supports: Not enforced or relied upon

   the Bureau will deprioritize enforcement against regulated parties whose conduct does not conform to the guidance during the pendency of any withdrawal.

   Supports: Enforcement deprioritized

   Interpretive Rules, Policy Statements, and Advisory Opinions; Withdrawal (90 FR 20084) Federal Register Primary source

2. The document withdrew 8 policy statements, 7 interpretive rules, 13 advisory opinions, and 39 other guidance documents. 90 FR 20084 (May 12, 2025).

   Supports: Count of 67 documents

   Guidance Consumer Financial Protection Bureau Primary source

3. The statement of reasons for adverse action required by paragraph (a)(2)(i) of this section must be specific and indicate the principal reason(s) for the adverse action.

   Supports: Regulation B adverse action requirement unchanged

   12 CFR 1002.9 Notifications eCFR Primary source