Fair Banking and Fair Lending in 2026: From Debanking to Disparate Impact

2.10.26 | 2:30 PM EST

Instructor: Rebekah Leonard

Course Duration: 2 HR

What You'll Learn

This live webinar helps bank leaders and compliance professionals make sense of the rapid and unprecedented changes reshaping fair banking and fair lending. Attendees gain clear, fact-based insight into shifting statutory interpretations, regulatory priorities, and enforcement approaches—cutting through uncertainty and speculation. With a stronger understanding of what is changing and why, participants are better equipped to advise management, support effective governance, and make informed, risk-based decisions that keep their institutions compliant, resilient, and well positioned in a fast-evolving regulatory environment.

Topics covered in this course

Executive Order 14331 “Guaranteeing Fair Banking for All Americans” (aka The Debanking Order)

Aim: Prohibit financial institutions from “debanking” (closing accounts or denying services) based on political, religious, or other “reputational risk” factors.
Effect: Financial institutions must have a valid reason for not banking a customer. What are acceptable, valid reasons?
Risk: Claims of discrimination. The OCC issued a damning report 12/10/25 on their preliminary findings, finding that banks have “weaponized finance”, and promising to “halt these harmful and unfair practices”.

Executive Order 14281 “Restoring Equality of Opportunity and Meritocracy” (aka The Disparate Impact Order)

Aim: Prohibit the use of disparate impact legal theory by federal agencies “in all contexts to the maximum degree possible”.
Effect: Significant shift in fair lending – removing one of the 3 legs of discrimination, leaving overt discrimination and disparate treatment
Risk: Bank uncertainty and fear that any relaxation of core policies and procedures will leave a financial institution open to litigation, state action, and supervisory look-backs if everything changes again in the next administration.

CFPB’s Shift in Priorities and Changes to Regulation B

CFPB’s shift in fair lending: “No longer using disparate impact in supervision or enforcement of fair lending laws”
Will now only focus on intentional racial discrimination and actual identified victims
Substantial proposed changes to Reg B, including removal of the Effects Test (disparate impact) when determining if discrimination violates ECOA; changing what constitutes “discouragement” in credit; and amending Special Purpose Credit Programs.

Accreditations

CPE/NASBA - Group Internet Based

Noggin Guru, Inc. dba Lorman Education Services and BankersHub is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539.

Please note: You must attend at least 50 minutes to obtain credit. Final CPE approval belongs with each state's regulatory board. Credit is based on a 50-minute credit hour.

For more detailed information about the course, including the outline, content, and objectives, please refer to the 'Description' tab on this webpage.

Field Of Study: Specialized Knowledge
Prerequisite: Basic knowledge of the banking industry, business, or law
Level of Knowledge: Intermediate
Advanced Preparation: None
Delivery Method: Group Internet Based

Requesting CE:
Upon completion of this course, please email creditrequest@nogginguru.com to obtain a CE certificate.

About the Author:

Rebekah Leonard

Rebekah is the owner of Elucidate LLC, a compliance training and consulting company. Elucidate means to "make clear, explain, throw light upon", and describes Rebekah's desire to illuminate the complexities of compliance with passion and fun. She's created and produced a TRID music video parody and several Compliance Breakout escape rooms, which she frequently provides at state banking compliance conferences. She is an accomplished speaker and regularly provides webinars through BOL and Compliance Resource. Rebekah is currently serving as the VP Director of Compliance for a $6 Billion community bank in Montana. She began her career in 1995 at a private lending company, but soon settled into banking, where she's covered nearly all of it - customer service and teller work, loan processing and review, and security and business continuity. She now oversees CRA, BSA and all aspects of compliance as a senior leader. She has successfully navigated numerous FDIC Compliance, CRA, and BSA Exams. Rebekah has a bachelor's degree in Organizational Leadership from Chapman University (Magna cum Laude), attended the American Bankers Association National Compliance School in 2003, and has held her Certified Regulatory Compliance Manager designation since 2006.

On-Demand Course