Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems (CFPB, DOJ Civil Rights Division, EEOC, FTC)

Summary

On April 25, 2023, the heads of the CFPB, the Justice Department's Civil Rights Division, the EEOC and the FTC issued a joint statement that their existing legal authorities (civil rights, non-discrimination, fair competition and consumer protection laws) apply to automated systems, including AI, used in decisions about jobs, housing, credit and other goods and services. Announcing it, FTC Chair Khan said there is no AI exemption to the laws on the books. The statement creates no new obligations. No formal withdrawal was found (it is not among the guidance documents the CFPB withdrew on May 12, 2025, and the FTC's release remains online), but enforcement priorities have shifted: Executive Order 14281 of April 2025 directs all agencies to deprioritize enforcement of disparate-impact liability.

Key dates

1. April 25, 2023Issued
2. October 16, 2026Checked against sources
3. 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. FTC Chair Khan and Officials from DOJ, CFPB and EEOC Release Joint Statement on AI April 25, 2023

   Supports: Issuing agencies; date

   There is no AI exemption to the laws on the books, and the FTC will vigorously enforce the law to combat unfair or deceptive practices or unfair methods of competition.

   Supports: Source of the 'no AI exemption' phrase

   FTC Chair Khan and Officials from DOJ, CFPB and EEOC Release Joint Statement on AI Federal Trade Commission Primary source

2. Existing legal authorities apply to the use of automated systems and innovative new technologies just as they apply to other practices.

   Supports: Core position of the statement

   Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems Federal Trade Commission (joint statement) Primary source

3. Private and public entities use these systems to make critical decisions that impact individuals' rights and opportunities, including fair and equal access to a job, housing, credit opportunities, and other goods and services.

   Supports: Scope: jobs, housing, credit, goods and services

   Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems Consumer Financial Protection Bureau Primary source

4. The Consumer Financial Protection Bureau (CFPB or Bureau) is withdrawing many guidance documents issued since the CFPB assumed its functions in 2011.

   Supports: CFPB May 2025 guidance withdrawal; the notice text was searched and does not name the joint statement

   Interpretive Rules, Policy Statements, and Advisory Opinions; Withdrawal (90 FR, FR Doc. 2025-08286) Federal Register / CFPB Primary source

5. all agencies shall deprioritize enforcement of all statutes and regulations to the extent they include disparate-impact liability

   Supports: 2025 shift in enforcement priorities

   Executive Order 14281, Restoring Equality of Opportunity and Meritocracy Federal Register Primary source