Rescission of Interagency Statement on Special Purpose Credit Programs Under the Equal Credit Opportunity Act and Regulation B

Summary:

On August 25, 2026, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Department of Housing and Urban Development, the Department of Justice, and the Federal Housing Finance Agency (collectively, the agencies) issued a Federal Register notice to rescind the 2022 Interagency Statement on Special Purpose Credit Programs Under the Equal Credit Opportunity Act and Regulation B (Interagency Statement). Rescission of the Interagency Statement is necessary to ensure that creditors do not rely on it to engage in discriminatory activities that are inconsistent with the Equal Credit Opportunity Act and Regulation B and, to the extent applicable, the Fair Housing Act.

Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions.

Highlights:

• On February 22, 2022, the agencies issued the Interagency Statement on Special Purpose Credit Programs Under the Equal Credit Opportunity Act and Regulation B (Interagency Statement).
• On April 22, 2026, the Consumer Financial Protection Bureau issued a final rule amending certain provisions of Regulation B, the regulation implementing the Equal Credit Opportunity Act (ECOA). The Interagency Statement referenced an earlier version Regulation B's provisions governing special purpose credit programs (SPCPs) that has since been amended by the CFPB's final rule.
• The agencies determined that the rescission of the Interagency Statement is necessary to ensure that creditors do not rely on it to engage in discriminatory activities that are inconsistent with ECOA and Regulation B, and to the extent applicable, the Fair Housing Act (FHA).
• The rescission of the guidance provided in the Interagency Statement is effective immediately.
• All SPCPs must comply with ECOA, Regulation B, and the FHA.