On September 30, 2021, the United States Senate confirmed Rohit Chopra as Director of the Consumer Financial Protection Bureau (CFPB). Mr. Chopra helped establish the CFPB following its creation through the Dodd-Frank Act and served as an Assistant Director at the CFPB from 2010 to 2015. Director Chopra will likely continue the CFPB’s focus on institutions’ responses to the COVID-19 pandemic, with a particular focus on the housing, small business lending, and mortgages among other things. Pillsbury colleagues Brian H. Montgomery, Craig J. Saperstein, Deborah S. Thoren-Peden, JiJi Park, The Honorable William Lacy Clay Jr., Yvette Puckett Cravins, and Daniel C. Wood explain additional insights in Senate Confirms Rohit Chopra as CFPB Director.
In addition, Mr. Chopra suggested in his statement in support of the enforcement action that new technology, including machine learning and other predictive technology, could produce proxies for protected class status and that regulators should proactively work to identify such circumstances. Institutions using artificial intelligence or machine learning should be prepared for the CFPB to review the manner in which they implement this technology.