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CFPB Consumer Financial Protection Circular 2022-03 - Adverse Action Notification for Credit Decisions Based on Complex Algorithms

CFPB Consumer Financial Protection Circular 2022-03 (26 May 2022) confirms that creditors using complex algorithms, including artificial intelligence and…

What CFPB Consumer Financial Protection Circular 2022-03 - Adverse Action Notification for Credit Decisions Based on Complex Algorithms requires

CFPB Consumer Financial Protection Circular 2022-03 (26 May 2022) confirms that creditors using complex algorithms, including artificial intelligence and machine learning models, must comply with the Equal Credit Opportunity Act (ECOA) and its implementing regulation Regulation B (12 CFR 1002) adverse action notice requirements. The Circular states that ECOA and Regulation B require creditors to provide a statement of specific reasons that are the principal reasons for the adverse action; vague references to internal standards, proprietary credit scoring systems, or model complexity are insufficient. Specifically the Circular states: 'a creditor cannot justify noncompliance with ECOA's requirement to provide specific and accurate reasons for adverse actions based on the mere fact that the technology it employs to evaluate applications is too complicated or opaque to understand.' The Circular applies to all creditors subject to ECOA including banks, credit unions, non-bank lenders, and consumer finance companies regardless of the technical complexity of the model used. Enforcement authority rests with the CFPB, FTC, prudential banking regulators, and state attorneys general under ECOA.

Pillar: AI Governance & Law · Authority: Consumer Financial Protection Bureau (CFPB); FTC; OCC; FDIC; Federal Reserve Board; NCUA (prudential banking regulators with parallel ECOA authority); state Attorneys General under ECOA · Version: 1.0.0 · Last updated:

Primary source: https://www.consumerfinance.gov/compliance/circulars/circular-2022-03-adverse-action-notification-requirements-in-connection-with-credit-decisions-based-on-complex-algorithms/

SHA-256 integrity: 1a6cc8e7efe7434d68913e9e6ec457e76738962e5602c41daf04a82033251990

Primary Citations — 7 traced to source

  • Consumer Financial Protection Bureau (CFPB) Consumer Financial Protection Circular 2022-03 - Adverse Action Notification Requirements in Connection with Credit Decisions Based on Complex Algorithms - issued 26 May 2022
  • Equal Credit Opportunity Act (ECOA) 15 USC 1691 et seq - Section 701(d) adverse action notice requirements

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