CFPB Withdraws Nearly 70 Previously Issued Guidance Documents
On May 12, 2025, the Consumer Financial Protection Bureau published notice in the Federal Register that it is withdrawing 67 previously issued interpretive rules, policy statements, and advisory opinions dating back to 2011. While the guidance documents being withdrawn by the agency are too numerous to detail fully, below are the highlights.
Policy Statements (8 total)
Statement of Policy Regarding Prohibition on Abusive Acts or Practices (issued 4/12/23)
In this policy statement, the agency analyzed the elements of abusiveness with the goal of providing an analytical framework on how to identify abusive acts and practices.
Statement on Enforcement and Supervisory Practices Relating to the Small Business Lending Data Collection Rule (issued 5/31/23)
In this policy statement, the agency announced that it intends to focus its supervisory and enforcement activities related to the small business lending data collection rule on ensuring covered lenders do not discourage small business applicants from providing business ownership status and/or demographic information.
Interpretive Rules (7 total)
Authority of States to Enforce the Consumer Financial Protection Act of 2010 (issued 5/26/22)
In this interpretive rule, the agency reaffirmed its interpretation that the Dodd-Frank Act allows states to enforce any provision of the Consumer Financial Protection Act.
Equal Credit Opportunity Act (Regulation B); Discrimination on the Bases of Sexual Orientation and Gender Identity (issued 5/16/21)
In this interpretive rule, the agency announced that the ECOA’s prohibition against sex discrimination extends to both sexual orientation and gender identity.
Advisory Opinions (13 total)
Other Guidance (39 total)
Reopening Deposit Accounts That Consumers Previously Closed (issued 5/24/23)
In this circular, the agency clarified that it is an unfair act/practice to unilaterally reopen a deposit account after it has been closed by a consumer.
Unfair Returned Deposit Item Fee Assessment Practices (issued 11/7/22)
In this bulletin, the agency stated that charging a returned deposit item fee, irrespective of the circumstances or patterns of behavior on an account, likely constitutes an unfair act/practice.
In its notice, the CFPB indicated that it’s withdrawing previously issued guidance in light of the president’s directive to deregulate and streamline bureaucracy. Going forward, the agency intends to only issue guidance when absolutely necessary and only to reduce compliance burdens, not increase them.
