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Baner Club > Blog > News > CFPB Race and Sex Mortgage Rule Challenged by Conservative Group
NewsUnited States

CFPB Race and Sex Mortgage Rule Challenged by Conservative Group

Last updated: 2026/01/12 at 8:34 PM
Published January 12, 2026
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2 Min Read
America First Legal challenges CFPB rule requiring mortgage lenders to report applicants’ race and sex
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A Trump-aligned legal group has filed a petition urging the Consumer Financial Protection Bureau (CFPB) to repeal its rule that requires mortgage lenders to collect and report applicants’ race and sex. The group claims Regulation C lets lenders factor these traits into diversity, equity, and inclusion (DEI) initiatives, which they say violates the Constitution.

Contents
Trump’s DEI RollbackCritics Highlight DEI RisksCFPB Background and Political Tensions

America First Legal told Fox News Digital that lenders should focus only on applicants’ creditworthiness. Moreover, the group warned that collecting this data could expose borrowers to race- and sex-based discrimination by government and private actors.


Trump’s DEI Rollback

The petition supports President Trump’s broader effort to reduce DEI programs across public and private sectors. In April, he signed an executive order promoting a “meritocracy and colorblind society,” directing agencies to avoid evaluating individuals based on race or sex. As a result, agencies must prioritize merit over identity factors.


Critics Highlight DEI Risks

DEI frameworks aim to promote equal treatment for minorities. However, critics argue they can give certain groups unfair advantages. America First Legal says Regulation C pressures lenders to classify borrowers by immutable traits, which can enable discrimination under the guise of equity. Gene Hamilton, the group’s president, said, “The federal government has no business forcing Americans to disclose their race or sex as a condition of applying for a mortgage.”


CFPB Background and Political Tensions

Congress created the CFPB after the 2008 financial crisis to oversee complaints about mortgages and other consumer loans. Despite this mission, Republicans often criticize the agency for imposing heavy regulations. Acting Director Russell Vought has tried to close the CFPB, but courts confirmed that only Congress can dissolve it. Meanwhile, the agency continues operations and requested an additional $145 million to comply with court orders.

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