To our clients and friends:
On September 19, 2023, the Consumer Financial Protection Bureau issued Circular 2023-03 to address whether creditors could rely on stock reasons in the Bureau’s sample adverse action notices when issuing those notices after using AI in the credit decision. Our Alert discusses the CFPB’s interpretation of ECOA as it applies to the use of AI, the Bureau’s recent trend of announcing enforcement priorities through guidance, and steps to take to address the Circular’s key takeaways.
Our Alert is available here.