
Consumer Advocates Challenge CFPB’s Delays in Small Business Data Collection
The Consumer Financial Protection Bureau (CFPB) is once again in the spotlight as consumer advocates led by Rise Economy filed a lawsuit emphasizing the agency's long-standing failure to implement a crucial small-business data collection rule mandated by Congress over 15 years ago. This legal action, initiated in the U.S. District Court for the District of Columbia, argues that the CFPB's inaction constitutes a violation of the Equal Credit Opportunity Act and the Administrative Procedure Act, which permits judicial review of agency decisions deemed arbitrary.
The Importance of Small Business Data
The lawsuit sheds light on a troubling absence of data regarding small business lending, which consumer advocates claim is essential for assessing lending practices and identifying discrimination against protected classes. They contend that during the COVID pandemic, the lack of comprehensive lending data left numerous businesses vulnerable to financial crises without adequate support.
CFPB’s Ongoing Challenges
This legal move is not the first time the CFPB has faced challenges related to the small-business data rule. In the past few years, the bureau has been subjected to lawsuits from various banking associations aimed at blocking compliance with the rule, with certain aspects of the data collection being contested, particularly concerning LGBTQ status among loan applicants. A recent interim rule has further delayed this data collection by extending compliance deadlines until July 2026.
What's Next?
The data required under Section 1071, aimed at revealing 'credit deserts' where businesses struggle for financial resources, holds the potential to guide policy interventions and financial institution strategies. As the lawsuit progresses, its implications on lending practices could be significant, pushing for a more equitable approach in small business financing.
Take Action for Fair Lending Practices
The outcome of this lawsuit could reshape how small businesses access credit. It’s an essential moment for stakeholders, from policymakers to community leaders, to acknowledge the importance of transparent data in creating fair lending environments. Advocating for robust data collection is a step toward empowering underserved communities and ensuring equitable opportunities for all business owners.
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