UDAAP Manual Litigation

ABA Position

The American Bankers Association and its co-plaintiffs (ABA) sued the Consumer Financial Protection Bureau (CFPB) challenging its 2022 update to the UDAAP portion of its Supervision and Examination Manual. In the manual update, CFPB claimed authority to regulate discrimination under its unfairness authority. The manual update directs examiners to use CFPB’s UDAAP authority to access companies’ data, algorithms, operations, premises, and personnel for evidence of discrimination. ABA argued that the manual update is invalid because it exceeds the Bureau’s statutory authority under the Dodd-Frank Act, the Bureau’s funding violates the Appropriations Clause, the manual update is arbitrary and capricious under the Administrative Procedure Act (APA), and it is a legislative rule that should have gone through notice-and-comment rulemaking.

Policy Analysis & Advocacy Efforts

Amicus Brief
Opposition Brief in UDAAP Manual Appeal
October 8, 2024
Amicus Brief
Opinion and Order in Support of Plaintiffs' Claims
September 8, 2023
Amicus Brief
Plaintiffs' Combined Reply in Support of Motion for Summary Judgment, Opposition to Defendants' Motion to Dismiss, and Opposition to Defendants' Cross-Motion for Summary Judgment
January 10, 2023
Amicus Brief
Brief of Amici Curiae States of Georgia, Alabama, Arizona, Arkansas, Idaho, Indiana, Louisiana, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Utah, and West Virginia, in Support of Plaintiffs' Motion for Summary Judgment
December 7, 2022

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UDAAP Manual Litigation

ABA Position

Policy Analysis & Advocacy Efforts

In Depth