On May 12, 2025 the CFPB published a Federal Register notice withdrawing 67 guidance documents issued since 2011: 8 policy statements, 7 interpretive rules, 13 advisory opinions and 39 other documents. Among them were Circular 2022-03 (adverse action and complex algorithms), Circular 2023-03 (adverse action and sample forms) and Circular 2024-06 (background dossiers and algorithmic scores in employment). The notice said the Bureau would issue guidance only where necessary and that withdrawal does not change the underlying statutes and regulations.
| Document | CFPB withdrawal of 67 guidance documents (May 2025) — Interpretive Rules, Policy Statements, and Advisory Opinions; Withdrawal |
| Issued by | Consumer Financial Protection Bureau |
| Type | Regulation |
| Status | In force |
| Published | May 12, 2025 |
| Effective | May 12, 2025 |
| Applies to | All entities previously relying on the withdrawn CFPB guidance, including banks and lenders using algorithmic credit models |
| Supersedes | CFPB Circular 2022-03, CFPB Circular 2023-03 |
| Official source | federalregister.gov ↗ |
| Use cases | Credit scoring & underwriting · Fair lending & discrimination · AI governance (general) |
What are the key points of CFPB withdrawal of 67 guidance documents (May 2025)?
- Withdrawals effective May 12, 2025; the CFPB maintains a public Withdrawn Guidance page listing each document.
- AI-relevant items withdrawn: Circular 2022-03 (87 FR 35864), Circular 2023-03 (89 FR 27361), Circular 2024-06 (89 FR 88875), plus several FCRA advisory opinions.
- Stated rationale: reduce regulatory burden, avoid guidance that imposes obligations beyond statute, and re-evaluate remaining guidance.
- The Bureau said it may reissue some documents after review; as of August 2026 no AI adverse-action guidance has been reissued.
- ECOA, Regulation B section 1002.9, FCRA and UDAAP obligations are untouched.
What did CFPB withdrawal of 67 guidance documents (May 2025) change for banks?
Banks lost the Bureau's written interpretation of how adverse-action rules apply to ML models, increasing legal uncertainty at the margins (e.g. how granular reasons must be) while the core duty to give specific, accurate reasons continued. State regulators and private litigants now cite the statute and the withdrawn circulars' reasoning directly.
What AI-related CFPB guidance was withdrawn in May 2025?
Circular 2022-03 on adverse action and complex algorithms, Circular 2023-03 on adverse action and sample forms, and Circular 2024-06 on FCRA and algorithmic scores in employment, along with several FCRA advisory opinions.
Does withdrawal of a CFPB circular change the law?
No. Circulars are interpretive; the notice itself says withdrawal does not alter statutes or regulations. Lenders still must comply with ECOA section 701(d) and Regulation B section 1002.9.
| Date | Document | Status |
|---|---|---|
| May 26, 2022 | CFPB Circular 2022-03 — Adverse action notification requirements in connection with credit decisions based on complex algorithms | Withdrawn |
| Sep 19, 2023 | CFPB Circular 2023-03 — Adverse action notification requirements and the proper use of the CFPB's sample forms provided in Regulation B | Withdrawn |
| Apr 22, 2026 | Regulation B final rule on disparate impact (April 2026) — Equal Credit Opportunity Act (Regulation B) — final rule amending disparate impact, discouragement and special purpose credit program provisions | In force |
| Aug 12, 2024 | CFPB comment to Treasury on AI in financial services (2024) — CFPB Comment on Request for Information on Uses, Opportunities, and Risks of Artificial Intelligence in the Financial Services Sector | Final |
| Jun 6, 2023 | CFPB Chatbots in Consumer Finance (issue spotlight, 2023) — Chatbots in consumer finance | Final |
| Apr 25, 2023 | Joint Statement on Automated Systems (CFPB, DOJ, EEOC, FTC) — Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems | Final |
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